[blml] Appeal [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Richard Hills:

[snip]

>>But the lower tribunal of the appeals committee may humbly request
>>the higher tribunal of the director to reconsider an interpretation
>>of Law that the appeals committee deems to be an idiosyncratically
>>illegal interpretation of Law and/or a De Wael School interpretation
>>of Law.
>>
>>:-)

Herman De Wael:

>smiley noted, Richard, but:
>
>there is NO such thing as a De Wael School interpretation of Law.
>When I give advice to my players to do something, I do not believe
>they are doing nothing wrong. You may believe they are doing more
>wrong than when doing the alternative, but we are fully in agreement
>about what they are doing wrong, and what the redress for that
>wrongdoing shall be.
>
>I thought it needed to be said.
>
>Of course, I am only talking about the real "deWaelschool problem",
>not any other disagreement we might have about interpretations.

>From Patrick O'Brian, "The Fortune of War," the sixth novel in
the "Master and Commander" series:

>>>Two weevils crept from the crumbs. "You see those weevils,
>>>Stephen?" said Jack solemnly.
>>>
>>>"I do."
>>>
>>>"Which would you choose?'
>>>
>>>"There is not a scrap of difference. Arcades ambo. They are the
>>>same species of curculio, and there is nothing to choose
>>>between them"'
>>>
>>>"But suppose you had to choose?"
>>>
>>>"Then I should choose the right-hand weevil; it has a
>>>perceptible advantage in both length and breadth."
>>>
>>>"There I have you," cried Jack. "You are bit -- you are
>>>completely dished. Don't you know that in the Navy you must
>>>always choose the lesser of two weevils? Oh ha, ha, ha, ha!"

Richard Hills:

Unless I have again misunderstood the De Wael School, it seems to me
that Herman believes that in the situation where there is an
apparent inconsistency between Law 75C and Law 75D2, a player has
zero legal actions to choose, so that player must therefore choose
an illegal action which is the lesser of two weevils.

:-)


Best wishes

Richard James Hills, amicus curiae
National Training Branch, DIAC
02 6223 9052

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