Cspeter8 wrote: ↑Mon Nov 27, 2023 3:38 amDo all of you put blinders on to look at all legal truth in terms of case law and legal precedent?
I guess we need to talk about the definition of "legal truth". First of all, one of the ways in which law is an art and not a science is that defining such a thing is problematic. There are areas of the law where things are in flux. There are other areas where courts don't agree. There are others where legislatures (almost always for political reasons) throw together something that doesn't make a lot of sense. Every now and then, a situation arises where there actually is no defining law. Such a patchwork makes "legal truth" a pretty amorphous concept.
In other areas, though, one can quite easily say what the law is without needing to worry about "legal truth". Mottahedeh's stuff is one of those areas. The stuff he sells to the marks is simply wrong, which is why that stuff has
never won (I'm not talking about the one instance where he got certain liens vacated by using standard arguments - even though the govt quickly reimposed them). When all current courts agree on a point - as they do with Mottahedeh's nonsense, which is why neither he nor you can come up with a single counterexample - that
is "legal truth".
Do you believe in absolute truth
I don't even know what "absolute truth" means, and frankly neither do you. One generation's absolute truth is another generation's superstition. I could give twenty examples off the top of my head.
and in right and wrong logic
I certainly believe in logic. For example, see my sig. And it is clearly
illogical to insist that you are legally right when those with the power to actually decide the law - courts and legislatures - unanimously agree that you're wrong.
and does that carry any weight such that it might cause you to critically examine the logical soundness of potentially a huge edifice of case law that might be built on top of a logically rotton or contradictory foundation?
If you're looking for someone who will uncritically defend something just because a court or legislature has said that it's the law, you've found the wrong person. Just limiting our search to Supreme Court cases, there are several that today are universally accepted as wrongly-decided.
Dred Scott and
Korematsu/Hirabayashi come to mind. But at the time they were decided, they were in fact the law. That's the difference (although there are actually about a billion differences) between someone like Dr. King and someone like Mottahedeh. Dr. King never said that segregation wasn't the law. Instead he readily acknowledged that it was, and then at great personal sacrifice (ultimately, of course, his life) demonstrated its inhumanity. Mottahedeh not only claims that what is the law is in fact not, he seeks to personally profit from it.
That's what made Dr. King a hero, and makes Mottahedeh a con man.