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Old 03-09-2011, 03:54 AM   #78
Join Date: Dec 2005
Location: Washingtonville, NY
Posts: 258
The rights of the many vs the few and the rights of the few vs the many, are what our legal system was/is designed to protect. However, those rights are largely already defined. The argument that an internet poll or newspaper survey should weigh in on the outcome, means those historically defined rights no longer matter. Just a more modern evolution of the lynch mob. The law of private property protected the rights of the individual against the masses. The law of easements protects the rights of the public against the few.

Water Ring's position is really the first direct statement of the landowners perspective in this discussion. Is there some emotion in it, absolutely, but no more emotional than many of the pro-paddling statements made so far. The funny thing about emotions is that we all have them, they belong to us and nobody has the right to say they are not valid to us. So when you start the analysis, take the emotion out of it, assume both sides believe the correctness of their position.

Just keep in mind that most prospective jurors who actually get notices for jury duty and who actually show up, the people who may ultimately decide the factual issues in the case, are probably going to be property owners.
Paradox6 is offline   Reply With Quote