...and here's the slippery slope

Discussion in 'Blazers OT Forum' started by maxiep, Jul 24, 2013.

  1. PapaG

    PapaG Banned User BANNED

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    Kids aren't "assets". I'm a bit shocked that someone would agree to let an arbitrator decide how much they get to see their kids. It seems borderline sociopathic and distanced from reality. I'm not saying that's you at all, but have you really thought this through completely?
     
  2. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    I've been in arbitration twice and I'm glad the arbitrator wasn't able to decide the outcome.
     
  3. maxiep

    maxiep RIP Dr. Jack

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    Arbitrators can read depositions. Arbitrators can ask questions. And for areas where you feel arbitrators have limitations, allow a change in parameters. You have arbitrators that specialize in all kinds of areas. Why not family disputes? They would be as skilled, if not more, than family court judges. Hell, we all know there is a bias against dads in the legal system. I would argue it would be a much more level playing field with arbitrators.

    I simply don't see a reason why you need the government or the legal system in marriage.
     
    Last edited: Jul 25, 2013
  4. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Because the law is thousands of years established.
     
  5. maxiep

    maxiep RIP Dr. Jack

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    I can say the same about Federal Court. Judge Ancer Haggarty fucked me simply because he didn't want to be bothered with a case. Judge Lydia Munro of the Connecticut Family court is screwing my friend even though she has acknowledged that she is in the right, simply because she's afraid of having her ruling overturned on appeal.
     
  6. maxiep

    maxiep RIP Dr. Jack

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    And marriage between one man and one woman is thousands of years established. Slavery was thousands of years established. The world being flat was thousands of years established.

    What's your point?
     
  7. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    The arbitrator can fuck you the same; so what's the difference.
     
  8. maxiep

    maxiep RIP Dr. Jack

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    My first point is...exactly. What's the difference? So why should the government do it?

    My second point is that you can't avoid specific judges, you can avoid specific arbitrators. It gives you more flexibility. It's also cheaper and shortens the process.

    Win. Win. Win. Win.
     
  9. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    The government is there for protection though. When you file for divorce; your financial liability is severed; plus the other parent cannot leave the state until the divorce is final and agreed upon by both parties.

    You start taking shit like that away and one of the parent will be fucked. Flight risks, financial fucking, etc. you need the law to protect you. An arbitrator cannot put the other in contempt, nor enforce the laws that protect you.
     
  10. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    You can't easily toss common law history out the window if you want the laws to be proper and work.
     
  11. The_Lillard_King

    The_Lillard_King Westside

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    Bingo . . . I will take a court hearing with a judge over an arbitration 9 out of 10 times. The quality of judges on the bench can be debated, but overall the level of intelligence and fairness is much higher in teh courts than in some law office where a lawyer tries to act like a judge.

    I do think there are times arbitration make sense, but many times arbitration is one step below Kangaroo Court.
     
  12. The_Lillard_King

    The_Lillard_King Westside

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    So your significant other is seriously injured and in critical condition. Hospital won't allow you to see them because you are not related or married. Fair to gay couples who can't marry?

    What about in the case of death without any kind of will. Doe the significant other have any rights to the estate?

    What about when the couple splits and their are children involved. If they were never married do they both have the same rights to custody?

    I don't know the answers, but it seems there are times it helps to be legally married to your significant other so as to protect or add to your rights. I don't care what they call it, but I think consenting adults should be allowed to "marry." But for all that believe in this philosophy, does that mean prostitution should be legal?
     
  13. RR7

    RR7 Well-Known Member

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    My assumption, hate to speak for someone, but am assuming that when maxiep is suggesting civil unions, it's essentially what we call marriage now. And only religious ceremonies take the name wedding, but that ultimately, a wedding doesn't give you any added benefit under the "new" law.
     
  14. PapaG

    PapaG Banned User BANNED

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    Because in a court of law, you can call witnesses. You can't do that in arbitration. It's a simple yet large benefit to someone who feels they are in the right. Letting one person go on he said/she said seems stupid to me, and your actions regarding PDXKass here tell me you may not be the best person to have an idea of what is right and what is wrong. You seem extremely insecure.
     
  15. maxiep

    maxiep RIP Dr. Jack

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    So, why start with the government? If there are bad acts, then you can go to it. Use it as a last resort, not the first one. Maybe a little personal responsibility? We seem to have lost it and use the government as a crutch. That crutch isn't free and it robs us of liberty.
     
  16. maxiep

    maxiep RIP Dr. Jack

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    We've had marriage for thousands of years and government involved in marriage laws for what, a few hundred at most? Obviously, marriage somehow managed to survive without government.

    You keep hawking those Libertarian sentiments, though.
     
  17. maxiep

    maxiep RIP Dr. Jack

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    Civil unions cover all those instances. What separates civil unions and marriage is the imprimatur of moral judgment. The government can't discriminate, religions can. Get the moral judgment out of government; it doesn't belong in that sphere.
     
  18. maxiep

    maxiep RIP Dr. Jack

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    Exactly. What it does is remove any discrimination from the process. Any two or more consenting adults should be able to go to the government if they wish to codify their union and be able to do so. It's not the government's job to tell people who they can and cannot join civilly. Get the government out of the discrimination business.
     
  19. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Why do you care if it's called "marriage" or "civil union" ?

    You expect government to associate all the attributes of "marriage" to "civil union" as if it were actually possible. It's not.

    So you end up with separate but equal. it's not really equal after all.
     
  20. maxiep

    maxiep RIP Dr. Jack

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    I believe in personal responsibility. If you get married to someone, you need to first try to work things out with that person. You both have that responsibility. You're using government as your mommy over how to cut the PB&J in half. It's time we had the expectation that adults will act like adults. Couples act like children because we enable them to do so.

    As I said before, an arbitrator can read depositions, so your concern about witnesses go out the window. You can supply proof to an arbitrator. The biggest difference is that an arbitrator allows you to solve your problems privately, in the court of common sense, rather than publicly in a court of law, which can be twisted on technicalities.

    And you can rest easy. I never plan on becoming an arbitrator. Besides, you would always have the option of not hiring me. Of course, I'm pretty bored and am considering getting my law degree on a lark. One day, you may end up with me on the bench, and you wouldn't have a choice. I would be assigned to you. Which would you rather choose? I choose freedom.
     

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