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LawyerRon · 11-17-2000, 07:32 AM

In legal terms, when Lawyers speak of "subjective intent", they mean you go inside the head of that person and try to determine that person's intent. Contrast this with an "objective" standard which generally asks "what would be the intent of the reasonable person".

What I was discussing with bob was the inevitable "hair splitting" that can happen with these hand counts. Is a dot with a pencil a vote? Is an Indentation in the chad a vote? Did I change my mind and decide not to vote?

What started this thread was bob's declaration about the Florida Supreme Courts ruling stating it was a victory for Gore. His inference was this was a great victory for Gore and the hand counted votes would be added in his column.

Here's what I'm trying to get across here, and it's frustrating because nobody's catching on: These Courts and Judges are playing games just like everybody else. Their rulings pass the buck and don't really decide anything. This is happening because they are in uncharted legal territory and aren't even sure themselves what to do.

Yes, they have the authority to allow the count to proceed. But, do they have the authority add the votes to the Gore or Bush column? THAT'S THE REAL ISSUE! That's the question to which no one has an answer.

11-17-2000, 07:32 AM	#15
LawyerRon The Gavel Join Date: Dec 1999 Location: Upland, CA Posts: 6,311	In legal terms, when Lawyers speak of "subjective intent", they mean you go inside the head of that person and try to determine that person's intent. Contrast this with an "objective" standard which generally asks "what would be the intent of the reasonable person". What I was discussing with bob was the inevitable "hair splitting" that can happen with these hand counts. Is a dot with a pencil a vote? Is an Indentation in the chad a vote? Did I change my mind and decide not to vote? What started this thread was bob's declaration about the Florida Supreme Courts ruling stating it was a victory for Gore. His inference was this was a great victory for Gore and the hand counted votes would be added in his column. Here's what I'm trying to get across here, and it's frustrating because nobody's catching on: These Courts and Judges are playing games just like everybody else. Their rulings pass the buck and don't really decide anything. This is happening because they are in uncharted legal territory and aren't even sure themselves what to do. Yes, they have the authority to allow the count to proceed. But, do they have the authority add the votes to the Gore or Bush column? THAT'S THE REAL ISSUE! That's the question to which no one has an answer. __________________ "To speak ill of others is a dishonest way of praising ourselves"