If you look at the history of law, philosophical arguments end up influencing legal arguments all the time.
I absolutely agree. It is conceivable that in the future, arguments could change the courts’ regard for this doctrine. But it is unlikely. The law has been in place for fifty years, and the doctrine has seen a ton of challenges in court.
I absolutely agree. It is conceivable that in the future, arguments could change the courts’ regard for this doctrine. But it is unlikely. The law has been in place for fifty years, and the doctrine has seen a ton of challenges in court.
So? Far older legal doctrines have been overturned by courts.
I said it was conceivable but unlikely. You disagree?
Unlikely, over what timescale? Yes, I agree this is unlikely to change next year.