Monday, May 23, 2011

Objurgation of outrageous obloquy...

An earnest denunciation from Raedwald re the disgrace and odious plethora of injunction and the superinjunction now coming to light: "English law has always been based on moral absolutes." He quotes Lord Mansfield whom set out the doctrine that governed English civil law:
"The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted."
But Raedwald's excellent blogpost is worth reading in it's entirety; so are the comments.
"The shield of the injunction and the superinjunction must be available only to those who come to the law with clean hands. No longer must the depraved, the unnatural wantons, the perverts, the degenerates and the low, mean scrapings of the moral universe be able to gag comment, reporting or discussion of their turpitude by buying law."
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A Northern Bloke said...

A very good point indeed!

Span Ows said...

Hi Shy, yes I thought so too...and the more I think about it the more absurd it seems that people can BUY the law so EASILY.