Learned Hand
Posts: 214 Joined: Oct. 2009
|
Quote (Seversky @ Dec. 22 2013,07:14) | The question is, are we entitled to assume that BA, as a lawyer, understands the difference between dicta and holdings? If he does, but has failed to make it clear, then it suggests a deliberate attempt to mislead and is reprehensible. If he doesn't then it raises questions about his competence. |
He must understand the distinction, it's a very basic thing. Presumably he fudged it out of carelessness; it wouldn't make much sense as a deliberate attempt to mislead. And I don't think the carelessness reflects much on his competence, since he's speaking to a lay audience.
I think it raises questions about his respect for that audience and for his own arguments, though. It's as if it's simply not worth his time to get it right. And when you think about it, it might not be. The creationists don't need him to be right, just to go through the motions so they can declare victory. And the rest of us are hardly going to be persuaded by his lazy, abusive and hollow rhetoric. So why not just do the kabuki dance and declare victory? Saves him time.
|