Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Oct 25, 2017 15:39:05 GMT -6
A couple of thoughts:
1. This bill contradicts prohibitions that are contained in chapter 961 of the criminal code. One could infer that the later-in-time law is intended to implicitly repeal those prohibitions and prevails over the older law, but relying on implied repeal is poor practice and disfavoured by OrgLaw IX:5. Better to directly amend or repeal the law that you want amended or repealed.
2. It is unusual to affirmatively state in the law that something is legal, because the normal rule is that whatever is not forbidden is permitted. Positively affirming the legality of marijuana use, therefore, may be interpreted as a kind of official endorsement of marijuana use by the Kingdom of Talossa. In particular, the Kingdom would appear to be giving its blessing to Talossans providing marijuana to 14-year-olds.
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Oct 25, 2017 15:47:21 GMT -6
This law would apply to everyone within the physical territory of Talossan and to no one without. Pretty much, though Dame Miestra is arguably skirting the line of soliciting others to commit a crime on Talossan territory, which would establish jurisdiction under criminal code 939.03(b).
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Ian Plätschisch
Senator for Maritiimi-Maxhestic
Posts: 4,001
Talossan Since: 3-21-2015
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Post by Ian Plätschisch on Oct 25, 2017 19:28:07 GMT -6
A couple of thoughts: 1. This bill contradicts prohibitions that are contained in chapter 961 of the criminal code. One could infer that the later-in-time law is intended to implicitly repeal those prohibitions and prevails over the older law, but relying on implied repeal is poor practice and disfavoured by OrgLaw IX:5. Better to directly amend or repeal the law that you want amended or repealed. I'm depending on Lex.A.3: I figured that in this specific instance, stating that I was trying to repeal part of chapter 961 was not necessary. I had to explicitly make it legal in order to repeal the relevant sections of chapter 961. Trying to go through and repeal only certain parts of 961 would be much more confusing IMO. I also just changed the minimum age to 18.
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Ian Plätschisch
Senator for Maritiimi-Maxhestic
Posts: 4,001
Talossan Since: 3-21-2015
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Post by Ian Plätschisch on Oct 26, 2017 10:56:19 GMT -6
2. It is unusual to affirmatively state in the law that something is legal, because the normal rule is that whatever is not forbidden is permitted. There is precedent for affirmatively stating that something is legal.
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Post by Viteu Marcianüs on Oct 26, 2017 18:15:11 GMT -6
2. It is unusual to affirmatively state in the law that something is legal, because the normal rule is that whatever is not forbidden is permitted. There is precedent for affirmatively stating that something is legal. Interestingly, back when the Second Coveenant was amended, it was sold to me that such statutory provisions would be unnecessary. In that spirit, I'd say those merely codify what is already guaranteed. In fact, A.11 and 12 are redundant when considered in light of the Second Covenant. But now I know some things need to be amended. Nevertheless, the 13th Covenant supports Sir Cresti's position.
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Ian Plätschisch
Senator for Maritiimi-Maxhestic
Posts: 4,001
Talossan Since: 3-21-2015
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Post by Ian Plätschisch on Oct 30, 2017 21:07:43 GMT -6
Fair enough. Trying to go through Chapter 961 and repeal only small parts of it would be a mess though, so I met you halfway and modified A.1.6 to list the exemptions there.
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Oct 31, 2017 5:16:47 GMT -6
Fair enough. Trying to go through Chapter 961 and repeal only small parts of it would be a mess though, so I met you halfway and modified A.1.6 to list the exemptions there. I can support this. I think "year" should be "years" in A.1.6.1 though.
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