The Art of Tetman Callis

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Injunction junction

July 25th, 2018 · No Comments

“Even if I know to a virtual certainty that someone is about to commit what is, quite technically and literally, an illegal act, even a crime, I cannot normally persuade the courts to let me argue that he should be enjoined from going through with it. ‘A man must act somehow,’ Justice Holmes, quite often though by no means always cruel in his decisions, said; and our system favors leaving people free to act. If they choose to act illegally, they simply face the consequences of having done so. So, in one sense, every law is simply a codified injunction to prevent everyone from doing the illegal thing; while what are called injunctions are more rare, more narrow, more particular: this neighbor shall not build this dam this high lest his neighbor suffer the immediate and irreparable harm of being drowned.” – Renata Adler, Pitch Dark

Tags: Politics & Law · Renata Adler

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