Skip to main content
Became Hot Meta Post
added 878 characters in body; added 1 character in body
Source Link

I was going through the questions on and realized that two different kinds of questions are covered:

The tag doesn't seem busy enough to make a huge fuss, but it occurred to me that the second category represents a moving target. For example, if Ruritania repeals its Mopery laws tomorrow and grants blanket pardons to all prior mopery offenders, then all of our existing questions about mopery in Ruritania (elements, defenses, statutory presumptions, etc.) would arguably need to be bulk-tagged with since they originate out of what is no longer good law. Similarly, it is likely that some of our questions about in the that were asked before June 2022 and assume that Roe v. Wade is good law now need to be retagged to .

Do we need to do anything about this tag? Should the tag be limited to questions about law in a historical context, with snapshot questions ("What was the law on X in year Y?") retagged to something like or ?

For a linguistics analogy, the difference between the categories above is comparable to the difference between "How did the pronunciation of this word change between the middle ages and today?" and "How was this word pronounced by scholars of Oxford University circa 1330?".

A further question could be considered on whether a historical snapshot question should be handled differently depending on whether it became a historical question due to subsequent legal changes or whether it was a historical question from the moment it was asked. For example, a question from the first category could include a "How does Roe v. Wade apply to [hypothetical case]?" asked in 2019 while a question from the second category might be "How would Roe v. Wade have applied to [hypothetical case] if it had not been overturned in 2022?" and asked today? Should questions in the first category be retagged (either to or to a proposed new tag such as ), or should they remain as-is and receive a new answer such as "Roe v. Wade is no longer good law [cite], so the application of it to this hypothetical situation will not arise."?

I was going through the questions on and realized that two different kinds of questions are covered:

The tag doesn't seem busy enough to make a huge fuss, but it occurred to me that the second category represents a moving target. For example, if Ruritania repeals its Mopery laws tomorrow and grants blanket pardons to all prior mopery offenders, then all of our existing questions about mopery in Ruritania (elements, defenses, statutory presumptions, etc.) would arguably need to be bulk-tagged with since they originate out of what is no longer good law. Similarly, it is likely that some of our questions about in the that were asked before June 2022 and assume that Roe v. Wade is good law now need to be retagged to .

Do we need to do anything about this tag? Should the tag be limited to questions about law in a historical context, with snapshot questions ("What was the law on X in year Y?") retagged to something like or ?

For a linguistics analogy, the difference between the categories above is comparable to the difference between "How did the pronunciation of this word change between the middle ages and today?" and "How was this word pronounced by scholars of Oxford University circa 1330?".

I was going through the questions on and realized that two different kinds of questions are covered:

The tag doesn't seem busy enough to make a huge fuss, but it occurred to me that the second category represents a moving target. For example, if Ruritania repeals its Mopery laws tomorrow and grants blanket pardons to all prior mopery offenders, then all of our existing questions about mopery in Ruritania (elements, defenses, statutory presumptions, etc.) would arguably need to be bulk-tagged with since they originate out of what is no longer good law. Similarly, it is likely that some of our questions about in the that were asked before June 2022 and assume that Roe v. Wade is good law now need to be retagged to .

Do we need to do anything about this tag? Should the tag be limited to questions about law in a historical context, with snapshot questions ("What was the law on X in year Y?") retagged to something like or ?

For a linguistics analogy, the difference between the categories above is comparable to the difference between "How did the pronunciation of this word change between the middle ages and today?" and "How was this word pronounced by scholars of Oxford University circa 1330?".

A further question could be considered on whether a historical snapshot question should be handled differently depending on whether it became a historical question due to subsequent legal changes or whether it was a historical question from the moment it was asked. For example, a question from the first category could include a "How does Roe v. Wade apply to [hypothetical case]?" asked in 2019 while a question from the second category might be "How would Roe v. Wade have applied to [hypothetical case] if it had not been overturned in 2022?" and asked today? Should questions in the first category be retagged (either to or to a proposed new tag such as ), or should they remain as-is and receive a new answer such as "Roe v. Wade is no longer good law [cite], so the application of it to this hypothetical situation will not arise."?

Source Link

Is [legal-history] ambiguous?

I was going through the questions on and realized that two different kinds of questions are covered:

The tag doesn't seem busy enough to make a huge fuss, but it occurred to me that the second category represents a moving target. For example, if Ruritania repeals its Mopery laws tomorrow and grants blanket pardons to all prior mopery offenders, then all of our existing questions about mopery in Ruritania (elements, defenses, statutory presumptions, etc.) would arguably need to be bulk-tagged with since they originate out of what is no longer good law. Similarly, it is likely that some of our questions about in the that were asked before June 2022 and assume that Roe v. Wade is good law now need to be retagged to .

Do we need to do anything about this tag? Should the tag be limited to questions about law in a historical context, with snapshot questions ("What was the law on X in year Y?") retagged to something like or ?

For a linguistics analogy, the difference between the categories above is comparable to the difference between "How did the pronunciation of this word change between the middle ages and today?" and "How was this word pronounced by scholars of Oxford University circa 1330?".