RatherGate: Subjective v. Objective Defense?
---
CBS' statement:
Not acceptable.
In the law this is what we call a subjective standard, which is almost never used in legal analysis. Instead, we use the objective standard, also called the reasonable person standard.
In fact, since Rather is a professional and CBS News a professional organization, one could easily argue that the standard of critique should be that of a reasonable professional, not just a reasonable person. That's how we do it on Wall Street.
A housepainter cannot defend shoddy work on the grounds that he worked to his satisfaction. A student does not get an A for submitting homework that was to his satisfaction.
No, Rather and CBS must be held to objective standards, which they clearly did not meet.
More at Outside the Beltway, VodkaPundit, Captain Ed, Poliblog, Deinonychus antirrhopus, Beldar, TTLB and Wizbang.
UPDATE: Kaus is using the term "possible malpractice." I think that's appropriate, and probably even generous.
"We established to our satisfaction that the memos were accurate or we would not have put them on television."
Not acceptable.
In the law this is what we call a subjective standard, which is almost never used in legal analysis. Instead, we use the objective standard, also called the reasonable person standard.
In fact, since Rather is a professional and CBS News a professional organization, one could easily argue that the standard of critique should be that of a reasonable professional, not just a reasonable person. That's how we do it on Wall Street.
A housepainter cannot defend shoddy work on the grounds that he worked to his satisfaction. A student does not get an A for submitting homework that was to his satisfaction.
No, Rather and CBS must be held to objective standards, which they clearly did not meet.
More at Outside the Beltway, VodkaPundit, Captain Ed, Poliblog, Deinonychus antirrhopus, Beldar, TTLB and Wizbang.
UPDATE: Kaus is using the term "possible malpractice." I think that's appropriate, and probably even generous.
Posted by KipEsquire on
15 September 2004
To comment on this post, please visit the new blogsite.
