History Main / ThereShouldBeALaw

15th Jul '17 1:10:21 AM infernape612
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** Another episode, "The Lying Game", had a case leading the team to a company specialized on making fake alibis (based on the real life [[http://www.alibinetwork.com/index.jsp Alibi Network]]) to cover up things like extra-marital affairs, etc; going so far as to provide fake receipts and an entire call center of people pretending to be representatives of companies that don't even exist. Flack is particularly annoyed by this and snipes that their services could have been used to cover up a murder (the two main suspects had alibis provided by the company).[[spoiler: Turns out the two were just having an affair but the murder was still made to be indirectly caused by the company: The killer stumbled upon his coworker's (faked) receipts for "leadership seminars", thought this meant his boss was secretly training the coworker to be promoted instead of him and killed the boss.]]

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** Another episode, "The Lying Game", had a case leading the team to a company specialized on making fake alibis (based on the real life [[http://www.alibinetwork.com/index.jsp Alibi Network]]) to cover up things like extra-marital affairs, etc; going so far as to provide fake receipts and an entire call center of people pretending to be representatives of companies that don't even exist. Flack is particularly annoyed by this and snipes that their services could have been used to cover up a murder (the two main suspects had alibis provided by the company).[[spoiler: Turns [[spoiler:Turns out the two were just having an affair but the murder was still made to be indirectly caused by the company: The killer stumbled upon his coworker's (faked) receipts for "leadership seminars", thought this meant his boss was secretly training the coworker to be promoted instead of him and killed the boss.]]
4th Jul '17 8:41:30 PM TheCuza
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* Oscar Leroy of ''Series/CornerGas'' is a GrumpyOldMan who constantly annoys the local cops, demanding the arrest of people for doing things he doesn't like. In one episode they assumed he was dead just because he hadn't called in with any complaints in a while.
20th Jun '17 6:51:23 PM JJHIL325
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* There's the case of [[http://www.google.com/news?hl=en&ned=&q=megan+meier Megan Meier]], who killed herself after a cute boy she had friended on Website/MySpace told her the world would be a better place without her. The cute boy in question turned out to have been a fabrication made by the mother of Megan's former friend, a few neighborhood girls, and an 18-year-old working for the mother. Despite local and internet outrage, the Drews, the family that fabricated the boy, have not been arrested, because local authorities have not found any law broken under which their actions apply. However, it didn't stop the entire town from permanently shunning the family or having some of them post their address and other personal information online so others could harass and vandalize them.

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* There's the case of [[http://www.google.com/news?hl=en&ned=&q=megan+meier Megan Meier]], who killed herself after a cute boy she had friended on Website/MySpace told her the world would be a better place without her. The cute boy in question turned out to have been a fabrication made by the mother of Megan's former friend, a few neighborhood girls, and an 18-year-old working for the mother. Despite local and internet outrage, the Drews, the family that fabricated the boy, have not been didn't get arrested, because local authorities have not found any law broken under which their actions apply. However, [[ConvictedByPublicOpinion it didn't stop the entire town from permanently shunning the family family]] or [[LaserGuidedKarma having some of them post their address and other personal information online so others out-of-towners could harass and vandalize them.them]].
30th May '17 6:52:04 PM nombretomado
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* In an early episode of ''TheWestWing'', we find out that a conservative Democratic congressman has made a "joke" in a speech at a military base about how if the liberal president were to show up there, the soldiers would probably kill him. Leo grumbles that "there oughta be a law against it," and Toby shouts, "There IS a law against it!" -- by which he means conspiracy to commit murder, or even treason, and that they should haul the guy in and charge him with something. (Cooler heads prevail, obviously.)

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* In an early episode of ''TheWestWing'', ''Series/TheWestWing'', we find out that a conservative Democratic congressman has made a "joke" in a speech at a military base about how if the liberal president were to show up there, the soldiers would probably kill him. Leo grumbles that "there oughta be a law against it," and Toby shouts, "There IS a law against it!" -- by which he means conspiracy to commit murder, or even treason, and that they should haul the guy in and charge him with something. (Cooler heads prevail, obviously.)
24th Mar '17 7:51:06 PM Nakuyabi
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* Some states in the US are trying to pass "anti-Sharia" laws, preventing the Islamic law system from being used in US courts. They don't make a terrible amount of sense--"[[http://www.jadaliyya.com/pages/index/1322/what-is-sharia Sharia]]" is actually an extremely vague and slippery concept--or really have much to do with the way in which Sharia is used in the US (by private agreement among the parties, incorporated into a contract), but that really isn't the point. Since the First Amendment already forbids the state from enforcing religious law (except in contract cases where by the consent of the parties religious law was agreed to apply, and even then the court will only touch the issue if the religious law is clear),[[note]]For instance, if a contract said "Sharia will govern this contract," an American court won't touch the case with a ten-foot pole. If the contract said, "This contract will be governed by the opinions of Mufti Fulan El-Fulani of Al-Azhar in Egypt," an American court might render an opinion.[[/note]] these bills are pointless, and since the same amendment forbids laws being passed to target one particular religion, they're unconstitutional, and since no one has been trying to pass Sharia laws in the US, they're a waste of time, and... One could go on and on. Suffice it to say, the real motivation for these bills is clear.
** The newer flavor of this sort of law has been trying to make various elements of certain religions (primarily Islam) illegal in roundabout ways. Predominantly the aim is just to make life unpleasant for the involved parties just as mentioned above. The most popular one passing around state courts is bans on various women's headcoverings as "degrading to women", completely ignoring the notion that someone might actually believe in their own religion and not be going along by force.
** These "anti-Sharia" laws are particularly stupid in the United States, where the statutory text--so as to avoid accusations of religious discrimination--generally forbids state courts from citing or applying foreign sources of law. This might seem reasonable...until you realize that under UsefulNotes/TheCommonLaw, the decisions of other common-law jurisdictions are regarded as persuasive precedent and are frequently cited in US decisions. This is less common than it used to be, but it is nevertheless perfectly normal for an American court to cite to English, Canadian, or Australian decisions, and it is something of an affront to the dignity of these sister courts that these statutes forbid citing to them. More frustratingly, the law of contracets allows parties to choose the law governing the contract...so what happens when two Canadians living in Oklahoma (where one of these laws exists) sign a contract (say, to transport some oil-related equipment from Oklahoma to a third party buyer in Edmonton) under, say, Alberta law and then one of them sues the other to enforce it in Oklahoma...?
** Often a justification cited for this is the argument that, while it may be legitimate under theories of voluntary contract, the way some Muslim communities see the issue can force members into a SadisticChoice of rules that may be harsh, arbitrary, or unequal, or choosing to essentially be exiled by their community for doing things that are not illegal but are outlawed by the rules the community follows.
** Although under Arbitration Act sharia law can be installed (as it was promoted in Canada under similar act) however this is only for civil dispute and both party accepting to go under a sharia tribunal.
23rd Mar '17 9:26:26 AM flodoris
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20th Mar '17 12:11:07 PM nightkiller
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** On the opposite of the above, Italy once {{defied|Trope}} this: the death penalty was reintroduced by the [[UsefulNotes/FascistItaly Fascist regime]], and at the end of UsefulNotes/WorldWarII the new constitution, entering force on January 1st 1948, abolished it for all crimes not punished with it by the military code, with all civilian death sentences being turned into prison terms in the meantime. Then the authors of the [[https://en.wikipedia.org/wiki/Villarbasse_massacre Villarbasse massacre]] were caught and sentenced to death, and, due the sheer loathing caused among the public opinion, president Enrico de Nicola let them be executed.
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16th Mar '17 8:23:37 AM hszmv1
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** This is a good time to point out that the United States laws on Freedom of Speech are some of the most liberal in the world and that language that would be classified as hate speech in many other Common Law countries is perfectly legal in the United States. A SupremeCourt case overturned a ruling against WBC in an 8-1 decision took specific note that they did not condone the actions of WBC, but that constitutionally, they were in the right. United States Courts as a whole are loathed to violate Freedom of Speech and the default setting on any Freedom of Speech case is that the speech in question is valid and the party trying to limit the speech must meet high burdens of proof that it was not. This has had the strange effect of making the United States home to the largest Post-WWII Nazi Party in the world (We're still talking in population percentages that are lower than 1%. It's not strong because it's widely supported, but because the Freedom Of Speech laws in the US are so open that it cannot be outlawed.). Some may say this is unintended, but most Americans counter that it is the intended consequence. The First Amendment wasn't written to protect agreeable speech, but disagreeable speech, after all. American's on a whole do not trust government, so they feel that it is better to let the fringe like the Nazi Party and WBC speak than to give the government power to limit speech it disagrees with.
19th Feb '17 9:32:01 AM nombretomado
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* Alluded to in ''[[AuntDimity Aunt Dimity and the Village Witch]]''. Fearing dire possibilities if the Bowenists come to Finch and actually settle there, Lori's neighbours Charles and Grant suggest she consult her husband Bill on potential legal remedies. Bill tells Lori that certain things are illegal (loitering, harassment, and so forth), but there's no legal way to prevent the New Age cultists from coming to Finch or buying property in the area.
* Literature/DonQuixote:

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* Alluded to in ''[[AuntDimity ''[[Literature/AuntDimity Aunt Dimity and the Village Witch]]''. Fearing dire possibilities if the Bowenists come to Finch and actually settle there, Lori's neighbours Charles and Grant suggest she consult her husband Bill on potential legal remedies. Bill tells Lori that certain things are illegal (loitering, harassment, and so forth), but there's no legal way to prevent the New Age cultists from coming to Finch or buying property in the area.
* Literature/DonQuixote:''Literature/DonQuixote'':
11th Feb '17 7:08:14 PM merotoker
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* In ''ComicBook/{{X-Men}} Noir'', Professor Xavier taught the students at his reform school how to be better criminals instead of actually reforming them. He claims this was an exercise in gaining their trust. When one of his students took a dive off the roof, the investigation uncovered his operation. The X-Men escaped, but Xavier wasn't so lucky. He's sitting in Riker's until the D.A. can figure out just what to charge him with; there's really no law against giving someone boxing lessons, teaching them how to pick a lock, or taking them to the firing range.[[note]] In real-life this would be covered under criminal conspiracy laws, which take into account intention and planning, even if the person being charged did not actually take part in a crime.[[/note]]

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* In ''ComicBook/{{X-Men}} ''ComicBook/XMen Noir'', Professor Xavier taught the students at his reform school how to be better criminals instead of actually reforming them. He claims this was an exercise in gaining their trust. When one of his students took a dive off the roof, the investigation uncovered his operation. The X-Men escaped, but Xavier wasn't so lucky. He's sitting in Riker's until the D.A. can figure out just what to charge him with; there's really no law against giving someone boxing lessons, teaching them how to pick a lock, or taking them to the firing range.[[note]] In real-life this would be covered under criminal conspiracy laws, which take into account intention and planning, even if the person being charged did not actually take part in a crime.[[/note]]



** Used a huge amount in the Ankh-Morpork City Watch sub-series, as Commander Vimes has a very strong moral code, and frequently is filled with righteous anger. This is especially used in ''Discworld/{{Snuff}}'', when [[spoiler: Commander Vimes is horrified at how Goblins are treated like vermin, rather than people, and insists that the law should be changed to give them all the rights of a normal person. He does this in the usual Vimesey way, of course: by swearing in a Goblin policeman.]] This is played realistically in the end: [[spoiler:While the laws worldwide are changed to recognize the goblins' personhood, the murderer of a goblin girl cannot be charged even then because it wasn't illegal at the time. Vimes' HypercompetentSidekick handles that problem with a VigilanteExecution.]]

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** Used a huge amount in the Ankh-Morpork City Watch sub-series, as Commander Vimes has a very strong moral code, and frequently is filled with righteous anger. This is especially used in ''Discworld/{{Snuff}}'', when [[spoiler: Commander Vimes is horrified at how Goblins are treated like vermin, rather than people, and insists that the law should be changed to give them all the rights of a normal person. He does this in the usual Vimesey way, of course: by swearing in a Goblin policeman.]] policeman]]. This is played realistically in the end: [[spoiler:While the laws worldwide are changed to recognize the goblins' personhood, the murderer of a goblin girl cannot be charged even then because it wasn't illegal at the time. Vimes' HypercompetentSidekick handles that problem with a VigilanteExecution.]]VigilanteExecution]].



** Parodied when don Quixote doesn’t want to pay for a day in an inn; he tells the Innkeeper ThereShouldBeALaw that forces HospitalityForHeroes on {{Knight Errant}}s like himself.

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** Parodied when don Quixote doesn’t want to pay for a day in an inn; he tells the Innkeeper ThereShouldBeALaw there should be a law that forces HospitalityForHeroes on {{Knight Errant}}s like himself.



** Played straight when Sancho Panza becomes a ReasonableAuthorityFigure and imposes some reasonable laws at the [[{{Utopia}} Barataria Insula]]

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** Played straight when Sancho Panza becomes a ReasonableAuthorityFigure and imposes some reasonable laws at the [[{{Utopia}} Barataria Insula]]Insula]].



* Towards the beginning of the second book in the ''Literature/RiftwarCycle'', Princess Carline says to her minstrel lover that there should be a law about relationships like theirs. Laurie replies that there is - and under that law, ''his'' father is entitled to compensation for her having taking advantage of him (The law was written under the assumption that the situation would be a high-born male seducing a common-born woman, not a common-born man seducing a high-born woman).

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* Towards the beginning of the second book in the ''Literature/RiftwarCycle'', ''Literature/TheRiftwarCycle'', Princess Carline says to her minstrel lover that there should be a law about relationships like theirs. Laurie replies that there is - and under that law, ''his'' father is entitled to compensation for her having taking advantage of him (The law was written under the assumption that the situation would be a high-born male seducing a common-born woman, not a common-born man seducing a high-born woman).



*** In "The Survivors," a Husnock ship attacks and destroys a human colony. Unfortunately for them, it turns out that one of the inhabitants is secretly a SufficientlyAdvancedAlien who, none too happy about having all of his neighbors and his wife wiped off the face of the planet, proceeds to use his sciencey-magic EnergyBeing powers to eradicate every Husnock in existence, all fifty billion of them, in a fit of grief. When all this comes out, Captain Picard says, "We are not qualified to be your judges. We have no law to fit your crime." While this is not strictly true, the fact that Picard would have no way of ''enforcing'' any legal punishment against such a being likely has more to do with it.

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*** In "The Survivors," a Husnock ship attacks and destroys a human colony. Unfortunately for them, it turns out that one of the inhabitants is secretly a SufficientlyAdvancedAlien who, none too happy about having all of his neighbors and his wife wiped off the face of the planet, proceeds to use his sciencey-magic EnergyBeing {{Energy Being|s}} powers to eradicate every Husnock in existence, all fifty billion of them, in a fit of grief. When all this comes out, Captain Picard says, "We are not qualified to be your judges. We have no law to fit your crime." While this is not strictly true, the fact that Picard would have no way of ''enforcing'' any legal punishment against such a being likely has more to do with it.



* At the first episode of ''WesternAnimation/HouseOfMouse'', when Pete first tried to evict Mickey, he failed because Mickey invoked a clause preventing Pete from terminating the rental contract for as long as there are patrons at the house. Pete said there should be a law against legal clauses.

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* At In the first episode of ''WesternAnimation/HouseOfMouse'', when Pete first tried to evict Mickey, he failed because Mickey invoked a clause preventing Pete from terminating the rental contract for as long as there are patrons at the house. Pete said there should be a law against legal clauses.clauses.
* In the ''WesternAnimation/FamilyGuy'' episode "Internal Affairs" Joe and Bonnie have a falling out. After Joe tells Peter his first date took place at a strip club, Peter and Lois try to get the two to reunite there. Lois has lunch with Bonnie there, leaving Peter to bring Joe. He does that by calling the police and telling Joe there is a problem.
-->'''Peter''': Well, one of the dancers was dancing with a guy and saying, "You're my favorite, you're my favorite," but now she's dancing with another guy.\\
'''Joe''': That's not a crime.\\
'''Peter''': Well, shouldn't it be?!



* There's the case of [[http://www.google.com/news?hl=en&ned=&q=megan+meier Megan Meier]], who killed herself after a cute boy she had friended on MySpace told her the world would be a better place without her. The cute boy in question turned out to have been a fabrication made by the mother of Megan's former friend, a few neighborhood girls, and an 18-year-old working for the mother. Despite local and internet outrage, the Drews, the family that fabricated the boy, have not been arrested, because local authorities have not found any law broken under which their actions apply. However, it didn't stop the entire town from permanently shunning the family or having some of them post their address and other personal information online so others could harass and vandalize them.

to:

* There's the case of [[http://www.google.com/news?hl=en&ned=&q=megan+meier Megan Meier]], who killed herself after a cute boy she had friended on MySpace Website/MySpace told her the world would be a better place without her. The cute boy in question turned out to have been a fabrication made by the mother of Megan's former friend, a few neighborhood girls, and an 18-year-old working for the mother. Despite local and internet outrage, the Drews, the family that fabricated the boy, have not been arrested, because local authorities have not found any law broken under which their actions apply. However, it didn't stop the entire town from permanently shunning the family or having some of them post their address and other personal information online so others could harass and vandalize them.



* The town of Hialeah, Florida had no laws against ritual sacrifice of animals... until some members of the Santeria religion (a small Christian sect with elements of African religious practices, including sacrifices) moved in, at which point they hastily made one. [[http://en.wikipedia.org/wiki/Church_of_Lukumi_Babalu_Aye_v._City_of_Hialeah The Supreme Court declared this unconstitutional, though.]]

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* The town of Hialeah, Florida had no laws against ritual sacrifice of animals... until some members of the Santeria religion (a small Christian sect with elements of African religious practices, including sacrifices) moved in, at which point they hastily made one. [[http://en.[[https://en.wikipedia.org/wiki/Church_of_Lukumi_Babalu_Aye_v.org/wiki/Church_of_the_Lukumi_Babalu_Aye_v._City_of_Hialeah The Supreme Court declared this unconstitutional, though.]]



* After the US Supreme Court ruled that a vague California law against selling "violent" video games was unconstitutional, the usual suspects came out of the woodwork decrying the inevitable destruction of, yep, "[[ThinkOfTheChildren the children]]," despite the fact that the average gamer is about 25. The icing on the cake? Every one of them asked, rhetorically, if the audience would likewise be ok if violent and explicit movies could also be sold to children. Well, there is no law at any level of governance anywhere in the US preventing such a thing. Age restrictions are enforced solely by theaters and retailers. Considering nobody even knew selling an 'R' movie to a kid was legal, I think we can trust the same people not to sell 'M' games to kids.

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* After the US Supreme Court ruled that a vague California law against selling "violent" video games was unconstitutional, the usual suspects came out of the woodwork decrying the inevitable destruction of, yep, "[[ThinkOfTheChildren the children]]," despite the fact that the average gamer is about 25. The icing on the cake? Every one of them asked, rhetorically, if the audience would likewise be ok if violent and explicit movies could also be sold to children. Well, there is no law at any level of governance anywhere in the US preventing such a thing. Age restrictions are enforced solely by theaters and retailers. Considering nobody even knew selling an 'R' movie to a kid was legal, I think we can trust presumably the same people could be trusted not to sell 'M' games to kids.



** A variation of the argument for banning the sale of violent games was the insistence that the Electronic Software Ratings Board (ESRB) rating on the packaging be made larger, which most people pointed out was ridiculous since movie ratings on [=DVDs=] are ''minuscule'' in comparison and are only featured on the back, whereas ESRB ratings are large enough easily spotted, are far more descriptive concerning software content, and are on both sides of the package.
** [[AvertedTrope Averted]] in Australia, however, where films and game ratings are enforcable by law and so selling MA15+ or R18+ rated products to children ''is'' illegal. It's also illegal to show R18+ films or games in a public place.

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** A variation of the argument for banning the sale of violent games was the insistence that the Electronic Software Ratings Board UsefulNotes/EntertainmentSoftwareRatingsBoard (ESRB) rating on the packaging be made larger, which most people pointed out was ridiculous since movie ratings on [=DVDs=] are ''minuscule'' in comparison and are only featured on the back, whereas ESRB ratings are large enough easily spotted, are far more descriptive concerning software content, and are on both sides of the package.
** [[AvertedTrope Averted]] in Australia, however, where films and game ratings are enforcable by law and so selling MA15+ [=MA15+=] or R18+ rated products to children ''is'' illegal. It's also illegal to show R18+ films or games in a public place.



* Italy first abolished death penatly in 1889, but after the assassination of king Umberto I many invoked reinstating it just to execute the killer. It was not, and the killer received a life sentence, and died a year later (officially of suicide, but murder is suspected).
** On the opposite of the above, Italy once {{Defied}} this: death penalty was reintroduced by the [[UsefulNotes/FascistItaly Fascist regime]], and at the end of WorldWarII the new constitution, entering force on January 1st 1948, abolished it for all crimes not punished with it by the military code, with all civilian death sentences being turned into prison terms in the meantime. Then the authors of the [[https://en.wikipedia.org/wiki/Villarbasse_massacre Villarbasse massacre]] were caught and sentenced to death, and, due the sheer loathing caused among the public opinion, president Enrico de Nicola let them be executed.

to:

* Italy first abolished the death penatly penalty in 1889, but after the assassination of king Umberto I many invoked reinstating it just to execute the killer. It was not, and the killer received a life sentence, and died a year later (officially of suicide, but murder is suspected).
** On the opposite of the above, Italy once {{Defied}} {{defied|Trope}} this: the death penalty was reintroduced by the [[UsefulNotes/FascistItaly Fascist regime]], and at the end of WorldWarII UsefulNotes/WorldWarII the new constitution, entering force on January 1st 1948, abolished it for all crimes not punished with it by the military code, with all civilian death sentences being turned into prison terms in the meantime. Then the authors of the [[https://en.wikipedia.org/wiki/Villarbasse_massacre Villarbasse massacre]] were caught and sentenced to death, and, due the sheer loathing caused among the public opinion, president Enrico de Nicola let them be executed.
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