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- Newsgroups: misc.legal
- Path: sparky!uunet!spool.mu.edu!uwm.edu!linac!att!att!fang!gator!towers!mwhhlaw!tim
- From: mwhhlaw!tim (Timothy E. Hollingsworth)
- Subject: Re: Making law (was: Shouting "Movie!" at a Fire Station)
- Message-ID: <1993Jan21.191614.12084@mwhhlaw.uucp>
- Sender: tim@mwhhlaw.uucp
- Reply-To: uunet!mwhhlaw!tim
- Organization: Martin Wade Hartley & Hollingsworth
- References: <1993Jan21.041940.1487@ucsu.Colorado.EDU>
- Distribution: usa
- Date: Thu, 21 Jan 1993 19:16:14 GMT
- Lines: 20
-
- In article <1993Jan21.041940.1487@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU
- (Frank Crary) writes:
-
- > Actually, I'm insisting on a semantic point becuase I'm opposed to
- > activism: The distinction between interperting law (filling in the
- > details, defining vague phrases, etc...) and making law (that is,
- > things beyond the scope of existing law, altering the meaning of
- > existing law, etc...) helps to distinguish and highlight activist
- > rulings. If you mix these meanings (i.e. use "interpert" and
- > "make" interchangably) activism becomes less clear, and sounds
- > more reasonable.
-
- I am lost. Until last year, the duty of care owed by an owner of real estate
- to a visitor depended, in part, upon the classification of the visitor. Thus,
- a business invitee was owned an higher duty of care than a trespasser. This
- was the common law of the state. There never was a statute on any kind on the
- point. Last year our supreme court changed these rules. Did the court make
- law? Of course. So what?
- --
- Tim Hollingsworth
-