Now of course these judgments may be informed by medical observations — for instance, when the brain develops to a certain level, or when something will end up naturally growing into a born human without any further intervention — or
by pragmatic considerations, gut feel, opinion polls, tradition, views about how precise and clear legal lines should be, or whatever else.
Not exact matches
Carpenter clearly opposes polygamy and adduces various
pragmatic and prudential
considerations against it, but concludes
by conceding that «perhaps none of these
considerations is a decisive argument against polygamous marriages.»
They were in any case soon outweighed
by more
pragmatic considerations, as the Holy See attempted to influence the course first of the British Mandate and then of the UN partition plan in a way protective of the rights both of access to the holy places and of the Christian minorities of the Middle East.
Already, the English courts have signalled a limited retreat from the advances widely thought to have been accomplished
by Anisminic — in Cart the UK Supreme Court did not employ the concept of jurisdictional error to determine how to control alleged illegalities committed
by the Upper Tribunal and preferred to rely on
pragmatic considerations to limit the scope of review.
See the research and articles at http://www.thelizlibrary.org/liz/) So, given that there are just not all that many options to choose from in deciding upon a child custody arrangement, and given that those options overwhelmingly will be constrained or even dictated
by fairly obvious facts about the parties» circumstances such as work and school schedules, or how far apart they live from each other, and similar
considerations, one really has to query what all the painstaking attention to detail and «science» (or pretext to science) is all about if, when all is said and done, the decision will boil down to the application of a default personal preference, and
pragmatic ways of arranging custody and visitation schedules to accomplish this while avoiding liability for placing children into situations in which detriment too obviously or easily can be proved to be the direct result of the arrangement.