Doing anything soon to be illegal in the UK
I wonder if the British read Ayn Rand.
I am reminded of her courtroom rant to only tax stupid people because most laws are passed to protect stupid people from themselves, aka the Stupid Tax.
Eddy and Patsy! That was one of my favorite episodes.
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Impermanence.
Just hang on a minute.
The Common Law has included the tort of nuisance for centuries. Occupiers of land have always (since the tort was first created) had the ability to sue for actions which affected their quiet enjoyment of their land. So why should this legal privilege be restricted to those wealthy enough to avail themselves of the civil courts?
Similarly, injunction has existed as an equitable remedy for centuries in order to prevent behavior that is reasonably likely to injure an interest of the applicant. Again, why should this equitable remedy be limited to those wealthy enough to avail themselves of the courts?
There is nothing in these injunctions which is novel, other than making them more accessible (which should be a positive step, surely). What will remain to be seen is whether the courts are able to manage applications for these orders in a fashion that will make them effective, without imposing unreasonable burdens on applicants.
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--James
The bill also introduces public space protection orders, which can prevent either everybody or particular kinds of people from doing certain things in certain places. It creates new dispersal powers, which can be used by the police to exclude people from an area (there is no size limit), whether or not they have done anything wrong.
While, as a result of a successful legal challenge, asbos can be granted only if a court is satisfied beyond reasonable doubt that antisocial behaviour took place, ipnas can be granted on the balance of probabilities. Breaching them will not be classed as a criminal offence, but can still carry a custodial sentence: without committing a crime, you can be imprisoned for up to two years. Children, who cannot currently be detained for contempt of court, will be subject to an inspiring new range of punishments for breaking an ipna, including three months in a young offenders' centre.
If the issue can't be resolved through political means - if the bill passes and is not repealed - then I suppose we shall have to take action which sidesteps it. Say, the development of technically privatised public space, collectively owned by a multitude of shareholders throughout the community but open to anyone.
Im glad to see a country has finally decided to outlaw politicians and children