Absurd Logic

‘‘And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.’’ — Samuel Adams, Debates of the Massachusetts Convention of 1788

‘‘And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.’’ — Samuel Adams, Debates of the Massachusetts Convention of 1788

I must say that I was relieved to hear the Supreme Court had declined to hear Mayor Michael R. Bloomberg’s suit against gun manufacturers.  It was absurd to begin with.

Mr. Bloomberg claims that the gun manufacturers KNOW that criminals are using their guns and so the manufacturers are responsible in part or all for those crimes.

That one Judge sided with him puts that Judge on the par with morons!  Yes, I’m talking about Judge Jack B. Weinstein, from a Federal District Court in Brooklyn.

With the logic used here we could certainly have some fun.  Shall we carry this logic out for a bit to show the total absurd nature of it?  OK!

So, the following is a list of absurd bans/lawsuits we should implement immediately!

  1. Sue all Automotive manufacturers.  These vehicles are known to kill people.  They will kill through numerous means such as speed, exhaust, heat retention, and accidents.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible in part or all for the crimes
  2. Sue all sports arenas and sport equipment manufacturers. Athletes are constantly injured, sometimes for life, through the act of playing a sport, any sport.  Manufacturers KNOW that their products are to blame and so the manufacturers are responsible in part or all for the injuries.
  3. Sue all food manufacturers. Some people have allergies to food.  Others over eat and become obese which is a health hazard.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible in part or all for the crimes.
  4. Sue all alcohol or alcoholic products. Alcohol is known for impairing the senses and can kill when used by teens or young adults on college campuses or while operating a motor vehicle.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  5. Sue all Knife manufacturers. Hunting knives, butcher knives, even butter knives have been known  to be used as a weapon involved in murder or self defense.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  6. Sue all manufacturers of Refrigerators. Children have been known to be locked inside and suffocated whether by accident or intention.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  7. Sue all stove manufacturers. Burns, fires, and scaldings happen when these appliances are used.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  8. Sue all glass manufacturers. When broken glass cuts, sometimes causing death, maiming, or dismemberment.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  9. Sue all Bicycle manufacturers. Too many children are injured or killed while riding bikes.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  10. Sue Power Companies (manufacturers). If there wasn’t any electricity there wouldn’t be any death by electrocution.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  11. Sue all growers of Christmas Trees. Christmas trees are a known fire hazards.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  12. Sue all Television Manufacturers. T.V’s are bad because kids watch video games and act out what they see.  Those programs unsuitable for children are played day and night.  It is also a fact that parents use T.V.’s as babysitters which they were never intended for.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.
  13. Sue/Ban Congress. For passing laws that hurt people, animals, and businesses, raising taxes, ruin the country, and spending money unwisely.  Lawyers KNOW that criminals are using their laws and so the lawyers are responsible, in part or all, for the crimes.
  14. Ban Boat Manufacturers. As was just reported on the news, boats capsize, break apart, and may kill, injure, or maim people who are swimming.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or in all, for the crimes.
  15. Ban/Sue Swimsuit and swimming paraphernalia manufacturers. Swimming should not be allowed in lakes, rivers or the ocean as it can lead to death, dismemberment or paralysis.  Manufacturers KNOW that criminals are using their products and so the manufacturers are responsible, in part or all, for the crimes.

As you can see the list is endless and I probably won’t live long enough to add all the absurd things we could place here.  We could add sport shoes, because people run; and roads because when a person falls they can injure themselves and the road isn’t soft enough.  It just goes on and on.  That judge Jack B. Weinstein would say this is a good idea is astounding!  His head should be examined!

According to the NewYorkTimes:

Justices Decline New York Gun Suit

By DAVID STOUT

Published: March 9, 2009
WASHINGTON — New York City’s nine-year lawsuit accusing gun makers of flooding illicit markets with their firearms came to an end on Monday, when the

Without comment, the justices decided not to review a ruling by a three-judge panel of the United States Court of Appeals for the Second Circuit, which declared on April 30 that federal law protected the manufacturers from such suits.

Thank goodness someone had some sense!  You cannot hold a manufacturer responsible for the irresponsible actions of those who use their products!  That’s why our Creator gave us common sense.  Those who legislate to overcome the need for commonsense only add to the problems!

According to FindLaw, a source I look to for information concerning things like the Constitution and other laws;

The lawsuits, originally filed in 2000 against gun makers like Beretta, Smith & Wesson, and Colt, sought to hold the companies liable under a New York “public nuisance” law. The City of New York basically alleged that the gun makers created a dangerous condition that affected the safety of a large number of New Yorkers, by letting handguns fall into the wrong hands through illegal and private sales. A federal appeals court threw out the claims, ruling that a 2005 law shields gun makers from such lawsuits, and the U.S. Supreme Court on Monday declined to disturb that decision.

And, according to Washburnlaw:

In the movie “Zelig,” Woody Allen’s character was chameleon-like.  His personality changed to fit his surroundings or needs at the moment. Throughout history, there have been various attempts to turn the tort of public nuisance into a Zelig-like legal theory as amorphous as the word “nuisance” itself.  Recently, some state attorneys general and personal injury lawyers have been trying to convert the tort of public nuisance into a cutting edge legal theory and are using it
in the most important mass litigations of our time
. They are attempting to move public nuisance theory far outside its traditional boundaries by using it to sue product manufacturers in an effort to circumvent the well-defined structure of products liability law. If history and sound public policies guide courts, these lawsuits will fail.  Unlike the character Zelig, public nuisance theory has a rich history and distinct personality. This article offers a portrait of the tort’s essential
characteristics.

Read the rest here: The document contains 44 pages.

Lawyers are good at twisting things.  They excel at making the absurd normal, the illegal, legal and so forth.  By nit-picking language and definitions beyond the point of the ridiculous, they create new conflicts and a never-ending drain on taxpayer and Judicial resources.  After all, they get paid regardless of the decision of the action and insure the continued need for lawyers.  It is a self-perpetuating system.  Lawyers breed the need for MORE lawyers!!!

It got so absurd in New York and other places that Congress passed a law against these frivolous lawsuits barring them from going after the gun manufacturers.  H.R. 1036 was enacted in 2003 and starts out:

H. R. 1036

AN ACT

To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others.

I don’t know how much clearer you can get on this.  Congress wasn’t being stupid for a change.  But the fact that they even needed this law shows the extent of the stupidity of those trying to sue the gun manufacturers.  A dog owner is responsible for his/her animal because they train the animal.  But gun manufacturers only make and sell a product, they do not train or tell people how to use them.  It is the responsibility of the person buying the product to learn how to use and maintain the item.

Common sense dictates that you don’t leave a loaded weapon where a child can find it.  And while the gun manufacturers may issue warnings about certain hazards where their product is concerned, like don’t leave bullets where extreme heat can cause them to explode, they cannot foresee or predict that some idiot will not do just that.

Do we blame our parents for birthing us because we know that eventually we will die?  No.  Do we blame them for our genetic makeup just because there might be a flaw?  No.  The only way to make sure that no one dies ever again will be to ban birth.  Otherwise, the inevitable conclusion is that you will die. Those doctors who claim that smoking kills imply that if only you didn’t smoke death would be abolished.  It’s like magic you see.  Ya, right!  The logic is faulty and absurd.  Death happens at the time and place our Creator chooses and not because we feel the need to sue someone to stop something.

At some point we, as human beings, have to accept responsibility for our actions.  Those actions taken or not by us determine what happens next.  Not an object or a law.  Criminals will break laws because the criminal believes the law doesn’t apply to them.  How then does suing a manufacturer over their product apply to criminals?  And what of accidents.  The very definition of an accident is that it was unexpected.

We could pass a bazillion laws but it is not going to stop a human being from killing another with a gun, knife, baseball bat, or anything else you can find to injure or kill with.  Even if unpremeditated, the actions of those involved KNOW the outcome of death is possible depending on how much force they are willing to put forth to WIN.  This is human accomplished, not a manufacturers fault because they made the gun or the knife.  The manufacturers intent for the object differs drastically from the users.

People have intentions.  Objects do not.  People kill, objects do not.  A gun doesn’t shoot itself nor can a knife slit a throat by itself.  It is not possible for the objects themselves to move by themselves or to decide that they are going to kill.  How then can it be the manufacturer of the object’s fault that the object was used by a human being in such a fashion?  In absurd logic all things are possible, including that the gun fired itself and the knife wished to slit a throat.

My personal belief is that those who bring forth these ridiculous lawsuits should have to pay back the public and the courts for wasting our time and tax dollars with their absurd logic.

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~ by justmytruth on March 14, 2009.

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