Friday, December 24, 2010

I saw the po-lice arresting Santa Claus?

Nope! Don't worry-- according to The Law and the Multiverse, a blog that takes a close look at superheroes and their actions in the context of US law, they'd have a hard time making the charges stick:

At first glance it might seem that Santa Claus is liable in tort and criminal law for trespass, but the homeowner’s consent negates both charges. Sending letters to Santa, hanging stockings with care, setting out milk and cookies, and the like are all clear manifestations of consent for Santa Claus to enter one’s home and deposit presents (or coal, as the case may be). Indeed I suspect it would be quite difficult to find someone who received a present from Santa Claus yet could honestly claim that he or she did not consent to its delivery.

This is a really interesting blog that I'm sure you guys will get a kick out of. Some of the language goes over my head but the explanations are very clear and get broken down for the laymen. Found this via The New York Times. Says the article, "The site thus suggests that in the grand Venn diagram of life, there appears to be substantial overlap between lawyers and the people Mr. Daily lovingly refers to as 'comic book nerds.'" Something I definitely noticed, especially at Midtown Comics in Manhattan. If you ever went during lunchtime, there were always these youngish to middle-aged men in suits standing around reading the latest magazines. It was always a fun thing to see.

Oh yeah, and it's relevant to the real world, too. Or at least, it will be one day:

Professor Somin added that debating the legal ramifications of superpowers might bring a smile, but might also prove the foundation for something more important some day. “Over the next several decades we’re going to see technology and powers emerge that today only exist in science fiction and comic books,” he said, citing Arthur C. Clarke’s famous saying that “any sufficiently advanced technology is indistinguishable from magic.”

[pic source]

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