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Author Topic: Is the Law Society Devoid of any morality?  (Read 548 times)

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Re: Is the Law Society Devoid of any morality?
« Reply #1 on: January 11, 2015, 06:25:56 PM »

It's a legit criticism given that Sharia law is inherently discriminatory against women and others. First, you start by looking up the definition of comity. From Wiki -

In law, comity is legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. The term refers to the idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction. Part of the presumption of comity is that other jurisdictions will reciprocate the courtesy shown to them.

However, as the US Supreme Court (in Hilton v. Guyot) has pointed out -

Comity is neither a matter of absolute obligation, nor of mere courtesy and good will. It is a recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or other persons who are under the protection of its laws. The comity thus extended to other nations is no impeachment of sovereignty. It is the voluntary act of the nation by which it is offered, and is inadmissible when contrary to its policy, or prejudicial to its interests.

Thus, you have this principle called comity which tells judges that if couples were married or made wills in other countries under Sharia Law then Sharia Law should be applied; and you have the often overlooked fact that Sharia Law is inherently discriminatory, prejudicial to certain citizens, and thus should be against public policy and not applied nor enforced in Western democracies.

The problem i think, is a brand of legal political correctness which does not want to offend religion and in particular, Islam. That wall of tolerance and good will might be starting to crumble at this point in history.


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Re: Is the Law Society Devoid of any morality?
« Reply #2 on: January 12, 2015, 05:52:47 PM »

This is old news and that practice note has since been withdrawn. But at the time, it was just so ill-thought out. With the widespread fear mongering debate proliferated by the press on the so-called ''islamization'' of the state, how does a professional body with that kind of leverage even give that any serious thought never mind draft the notes? On the issue itself on whether it's a move in the direction of embodying sharia law into our own, no - it isn't. It's promoting freedom of religion.
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Re: Is the Law Society Devoid of any morality?
« Reply #3 on: January 12, 2015, 07:34:57 PM »

No it isn't promoting freedom of religion its enshrining default bigotry , or as the Secular Society puts it "The racism of low expectations".

I see the SRA removed it 4 months after the article above was published but I dont see the law society removing it yet, 10 months later...

http://www.secularism.org.uk/news/2014/07/the-solicitors-regulation-authority-withdraws-endorsement-of-law-societys-sharia-guidance
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Re: Is the Law Society Devoid of any morality?
« Reply #4 on: January 17, 2015, 12:56:04 PM »

Practice notes aren't binding, but sat before a Solicitors Disciplinary Tribunal they can be used persuasively.

I'm not sure how you understand freedom of religion but aside from congregating in a church to sip from the cup of prophet Muhammad, FoR allows you to live in practice of those teachings (within the law). How is it any different from a Jehovah Witness objecting to a blood transfusion without which death is certain?


I see the SRA removed it 4 months after the article above was published but I dont see the law society removing it yet, 10 months later...


I'm not sure you can. The Law Society withdrew the note in Nov 2014, 8 months later. You might still be able to access it elsewhere on the web but not from that source.

http://www.lawsociety.org.uk/news/press-releases/law-society-withdraws-sharia-succession-principles-practice-note/
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Re: Is the Law Society Devoid of any morality?
« Reply #5 on: January 17, 2015, 04:33:04 PM »

Where are you again? You are a clerk hopefull? or pupilage
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Re: Is the Law Society Devoid of any morality?
« Reply #6 on: January 18, 2015, 12:50:20 AM »

It's a legit criticism given that Sharia law is inherently discriminatory against women and others. First, you start by looking up the definition of comity. From Wiki -

In law, comity is legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. The term refers to the idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction. Part of the presumption of comity is that other jurisdictions will reciprocate the courtesy shown to them.

However, as the US Supreme Court (in Hilton v. Guyot) has pointed out -

Comity is neither a matter of absolute obligation, nor of mere courtesy and good will. It is a recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or other persons who are under the protection of its laws. The comity thus extended to other nations is no impeachment of sovereignty. It is the voluntary act of the nation by which it is offered, and is inadmissible when contrary to its policy, or prejudicial to its interests.

Thus, you have this principle called comity which tells judges that if couples were married or made wills in other countries under Sharia Law then Sharia Law should be applied; and you have the often overlooked fact that Sharia Law is inherently discriminatory, prejudicial to certain citizens, and thus should be against public policy and not applied nor enforced in Western democracies.

The problem i think, is a brand of legal political correctness which does not want to offend religion and in particular, Islam. That wall of tolerance and good will might be starting to crumble at this point in history.

I think that NY has more of a problem with strict Hasidic Jewish  "laws" regarding the rights of women. I'd like to see that edifice crumble. It probably won't anytime soon.
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