Oggleleus wrote:
Ever wonder why there are people that are guilty as sin but they still get off the hook in a court of law? Because, many times, lawyers have no other option than to investigate the origins of the law. And, if they find that the law was not properly introduced then the law is non-binding. Many, many, too freaking many laws in this country were and have been passed without the proper number of votes required by their own legislation procedures at whatever level.
This country has enough "Well, I was just..." people. Man up.
Actually, I would imagine that a lot of it would really just be exploiting the indeterminate nature of the law, and finding legal loopholes that either exist in the writing of a law, the existence of other laws, or in the practical application of these laws as found by prior courts. I mean, Nick Freeman, a lawyer known for his insane ability with traffic law, does not attack the origins of any law(in fact the lower courts usually don't have much control over what is considered law and what isn't from what I can tell) but rather attacks according to existing loopholes, as can be seen from wikipedia:
http://en.wikipedia.org/wiki/Nick_Freeman
Where some of these loopholes are things such as "case law from 1922", "Criminal Justice Act of 1925", and little technicalities "the relevant legislation says that the blood must be taken by someone who is not associated with the driver's care. In this case, it was taken by a surgeon directly involved, and so the man was acquitted."
The cases where I would imagine that the nature of the law is seriously taken into question would more likely be in supreme court type cases, as judicial review, where the existence of laws is taken as subject to higher laws, is typically only a serious option for the highest relevant courts.
As for "Well, I was just..." I do not see Orwell's actions as being particularly blameworthy as his efforts were clearly to point out that a certain belief seemed correlated with other beliefs that are typically considered to be signs of a poor belief-forming mechanism. This is not a deductive argument that disproves anything, but it is an inductive argument by which individuals can determine whether or not something seems trustworthy. Therefore, I do not see a major issue with this action.