COURTS and legal scholars love quoting legal maxims in Latin. One of the most famous is fiat justitia ruat caelum. The phrase is a resolute affirmation of the rule of law. It means "Let justice be done though the heavens fall".It was intended as hyperbole. But, ironically, courts may now have to confront these words on literal terms. In various countries, plaintiffs have sought court orders to halt the operation of the Large Hadron Collider at CERN near Geneva, Switzerland, with the most extraordinary of allegations: that the experiment may create a black hole that will devour the Earth.
Up until now, the various lawsuits filed against the LHC have faltered. But if the right kind of claim is filed in the proper court, a judge may soon have to face the question of whether an injunction might be needed to save the world.
Injunctions are court orders that command persons to do or refrain from doing something. They are relatively routine, for example when a building of historic significance is threatened with demolition. But wading into the world of particle physics to shut down the LHC would be a forbidding proposition for anyone in judges' robes.
In deciding whether or not to issue an injunction, courts engage in what lawyers refer to as a "balancing test". The idea is that the court weighs the hardships that would be endured by both parties if the injunction were or were not issued, taking into account the likelihood and severity of the alleged consequences. The test closely resembles what is portrayed by courthouse statues around the world - Lady Justice holding up scales to measure the relative weight of the plaintiff's and defendant's cases. full article...
No comments:
Post a Comment