May. 14th, 2012
профессор Волох отжигает
May. 14th, 2012 12:29 pmsrc
"Before going into law, for instance, I wrote a computer program that had
140,000 lines of code and 50,000 lines of test suites.
Students can use a similar approach for testing legal proposals. I tell my
students that before they commit themselves to a particular proposal, they
should design a test suite containing various cases to which their proposal
might apply.
1
Assume, for instance, that a student is upset by the way peyote bans
interfere with some American Indian religions. The government has no
business, the student wants to argue, imposing such paternalistic laws on
religious observers. This student should design a set of test cases that involve
requests for religious exemptions from many different kinds of paternalistic
laws, for instance:
1. requests for religious exemptions from assisted-suicide bans, sought by a
doctor who wants to help a dying patient die, or by the patient who wants
a doctor’s help
2. requests for religious exemptions from assisted-suicide bans, sought by
someone who wants to help physically healthy fellow cult members
commit suicide
3. requests for religious exemptions from bans on the drinking of strychnine (an example of an extremely dangerous activity)
4. requests for religious exemptions from bans on the handling of poisonous snakes (an example of a less dangerous activity)
5. requests for religious exemptions from bans on riding motorcycles without a helmet (an example of a less dangerous activity, but one that—
unlike in examples 3 and 4—many nonreligious people want to engage in)
2
Then, once the student designs a proposed rule, he should test it by
applying it to all these cases and seeing what results the proposal reaches"
"Before going into law, for instance, I wrote a computer program that had
140,000 lines of code and 50,000 lines of test suites.
Students can use a similar approach for testing legal proposals. I tell my
students that before they commit themselves to a particular proposal, they
should design a test suite containing various cases to which their proposal
might apply.
1
Assume, for instance, that a student is upset by the way peyote bans
interfere with some American Indian religions. The government has no
business, the student wants to argue, imposing such paternalistic laws on
religious observers. This student should design a set of test cases that involve
requests for religious exemptions from many different kinds of paternalistic
laws, for instance:
1. requests for religious exemptions from assisted-suicide bans, sought by a
doctor who wants to help a dying patient die, or by the patient who wants
a doctor’s help
2. requests for religious exemptions from assisted-suicide bans, sought by
someone who wants to help physically healthy fellow cult members
commit suicide
3. requests for religious exemptions from bans on the drinking of strychnine (an example of an extremely dangerous activity)
4. requests for religious exemptions from bans on the handling of poisonous snakes (an example of a less dangerous activity)
5. requests for religious exemptions from bans on riding motorcycles without a helmet (an example of a less dangerous activity, but one that—
unlike in examples 3 and 4—many nonreligious people want to engage in)
2
Then, once the student designs a proposed rule, he should test it by
applying it to all these cases and seeing what results the proposal reaches"