Comments on: “If it were not assize-time, I would not take such language from you.” http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/ We endeavor to give satisfaction Mon, 08 Mar 2010 16:44:22 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Adam Greenwood http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4776 Adam Greenwood Tue, 15 Sep 2009 12:44:39 +0000 http://www.jrganymede.com/?p=1286#comment-4776 I presume Richard Epstein is talking about self-defense in the passage above. If so, I think it would be too formalist (hah!) to think that the same level of threat that would sustain self-defense would necessarily sustain assault and vice versa. We want people to be able to defend themselves and do not want to constrain their judgment in the heat of the moment, but in determining whether something is an assault we need not give so much latitude. No harm, no foul. I presume Richard Epstein is talking about self-defense in the passage above. If so, I think it would be too formalist (hah!) to think that the same level of threat that would sustain self-defense would necessarily sustain assault and vice versa. We want people to be able to defend themselves and do not want to constrain their judgment in the heat of the moment, but in determining whether something is an assault we need not give so much latitude. No harm, no foul.

]]> By: supremecourtjester http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4770 supremecourtjester Tue, 15 Sep 2009 00:19:47 +0000 http://www.jrganymede.com/?p=1286#comment-4770 Few have an assize larger than Serena ! Few have an assize larger than Serena !

]]> By: Steve Evans http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4768 Steve Evans Mon, 14 Sep 2009 23:26:17 +0000 http://www.jrganymede.com/?p=1286#comment-4768 "I’ve always felt the courts during Charles II’s reign were too formalist in their reasoning." Truer words ne'er were spoken! “I’ve always felt the courts during Charles II’s reign were too formalist in their reasoning.”

Truer words ne’er were spoken!

]]> By: cantinflas http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4766 cantinflas Mon, 14 Sep 2009 22:44:23 +0000 http://www.jrganymede.com/?p=1286#comment-4766 Congrats to Jr. Ganymede on being linked from ATL! Congrats to Jr. Ganymede on being linked from ATL!

]]> By: Adam Greenwood http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4765 Adam Greenwood Mon, 14 Sep 2009 22:42:37 +0000 http://www.jrganymede.com/?p=1286#comment-4765 Disagree, manny. I love me some formalism. Disagree, manny. I love me some formalism.

]]> By: Dr. Fine http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4764 Dr. Fine Mon, 14 Sep 2009 21:52:25 +0000 http://www.jrganymede.com/?p=1286#comment-4764 Tuberville v. Savage was wrongly decided. I've always felt the courts during Charles II's reign were too formalist in their reasoning. See also Richard A. Epstein, Torts 16 (1999) ("[W]ords and actions often give opposite signals ... Errors will be made both ways, but usually D may respond to serious threats before it is too late). Tuberville v. Savage was wrongly decided. I’ve always felt the courts during Charles II’s reign were too formalist in their reasoning. See also Richard A. Epstein, Torts 16 (1999) (“[W]ords and actions often give opposite signals … Errors will be made both ways, but usually D may respond to serious threats before it is too late).

]]> By: GST http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4758 GST Mon, 14 Sep 2009 16:58:28 +0000 http://www.jrganymede.com/?p=1286#comment-4758 Serena should have said, “If it were not Andre Ag-assize time, I would not take such language from you.” Serena should have said, “If it were not Andre Ag-assize time, I would not take such language from you.”

]]> By: Adam Greenwood http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4757 Adam Greenwood Mon, 14 Sep 2009 16:40:49 +0000 http://www.jrganymede.com/?p=1286#comment-4757 Dang the assizes, anyway. Dang the assizes, anyway.

]]> By: GST http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4755 GST Mon, 14 Sep 2009 16:10:58 +0000 http://www.jrganymede.com/?p=1286#comment-4755 There appears to be some dispute about what she actually said. CNN has it as “I swear I [expletive] want to take this ball and shove it down your [expletive] throat.” Which might take this case out of the Tuberville fact pattern. http://amfix.blogs.cnn.com/2009/09/14/serena-williams-tennis-outburst-under-review/ There appears to be some dispute about what she actually said. CNN has it as “I swear I [expletive] want to take this ball and shove it down your [expletive] throat.” Which might take this case out of the Tuberville fact pattern.
http://amfix.blogs.cnn.com/2009/09/14/serena-williams-tennis-outburst-under-review/

]]> By: Vader http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/comment-page-1/#comment-4753 Vader Mon, 14 Sep 2009 15:12:30 +0000 http://www.jrganymede.com/?p=1286#comment-4753 I love it when there is a posting that offers practical tips for better carrying out my vocation. "If I could, I would choke the living sin out of you." Oh, wait. I *can*... I love it when there is a posting that offers practical tips for better carrying out my vocation.

“If I could, I would choke the living sin out of you.”

Oh, wait. I *can*…

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