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Entries Tagged as 'Jurisprudence'

Should we Have Faith in the System? The Judge, the Bully & the Bus-Driver

March 6th, 2010 64 Comments

Sometimes judges get things right, really right, check this from the Herald: Judge Turns Tables on Driver’s Schoolboy Accuser A schoolbus driver was taken to court for grabbing the arm of a rowdy boy who would not stop pulling a girl’s hair. But the judge threw out the charge – and had a policeman take […]

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Can State Expropriation of Minerals be Justified? Part I

March 5th, 2010 22 Comments

New Zealand, like many nations, has a long history of the state taking real property, often without compensation. In this two part series I examine one sub-set of takings, minerals from the sub-soil of privately held property (although the argument herein could apply with equal force to any state taking). Drawing from common law, the […]

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Property Rights: Blackstone, Locke and the Legislative Scheme Part II

February 19th, 2010 8 Comments

This two part series looks at the state of property rights under the current legislative scheme in New Zealand. Particularly I address attempts to suggest that the passage of Acts such as the Crown Minerals Act and the Resource Management Act have not significantly altered the  common law concept of property rights and the claim […]

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Property Rights: Blackstone, Locke and the Legislative Scheme Part I

February 17th, 2010 10 Comments

This two part series looks at the state of property rights under the current legislative scheme in New Zealand. Particularly I address attempts to suggest that the passage of Acts such as the Crown Minerals Act and the Resource Management Act have not significantly altered the  common law concept of property rights and the claim […]

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Guest Post: Tim Wikiriwhi Reviews The Great Waitangi Debate (Uncut)

February 10th, 2010 33 Comments

On Waitangi Day, Saturday 6 Feb, TV One aired “The Great Waitangi Debate” on their Marae Program in which Matt and I were audience members. Panelist Tim Wikiriwhi (who won the MandM award for being the most inflammatory speaker of the day) has submitted his review as a guest post. Other blogs have published bits […]

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Sovereignty and The Treaty of Waitangi

February 6th, 2010 18 Comments

In the Theory of Morality, Alan Donagan has a concise discussion of the morality of contracts. At one point he makes the following plausible argument, Obviously, the normal conditions of the existence of a contract are not fulfilled if the promisee misunderstands what the promiser intends. … a promiser is morally bound to perform whatever […]

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Tune in to Marae Tomorrow

February 5th, 2010 9 Comments

Yesterday Matt and I participated in filming a debate on the Treaty of Waitangi. The moot was “That the Treaty of Waitangi is holding NZ back.” There were four panelists, Stephen Franks, Tim Wikiriwhi, Matthew Hooten and Hana O’Regan and an active audience, of which Matt and I were asked to be members of to […]

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