The passage that he had found in the book had been riddled with ambiguities and contradictions only reserved for those most valiant in overriding their legalistic forbearance into a necessary frenzy that would allow them to suitably work up a case for one side or the other on how the Law, without the possibility of misinterpretation, states If ABC, then DEF—or for the sake of acknowledging the counterargument first as a courtroom tactic, the case might also be made that the Law states the antithesis of the aforementioned If ABC, then DEF, but gives allowance within reasonable parameters for a provisional XYZ to be granted in exceptional cases. And thus, it was a matter not so much of making one’s case in a clear and logical sense, but one for the lawyers to battle out in the arena of pathos, as it was clearly the emotional pleas that could evoke a sense of sympathy in the courtroom and overturn otherwise painstaking endeavors at using the tools at hand to make pleas based upon incontrovertible facts.

Ashim Shanker

Mots clés contradictions pathos moral-relativism common-good misinterpretation ashim-shanker hollow-systems-of-jurisprudence ambiguities incontrovertible law-and-justice legalistic-forbearance

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