Heisenberg’s Unmarked Principle and Civil Process

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In particle physics, the position and speed of the particle must be measured by another particle, which must collide with the particle measured and return to the measuring device. Mathematically, the Heisenberg principle means that the multiplication of speed and mass is not comupulsive.

The law makes the unwritten assumption that the judicial process (measurement) does not affect the content of the judgment (the result of the measurement). The outcome of the trial is supposedly always the same and reveals only something that supposedly objectively could be disclosed even outside the process (without the measurement process).

It’s fiction. In practice, the exact opposite is true: only in the process and only once is evidence collected. This fiction is based on the provision that the losing party bears the costs of the trial: even if it could not have foreseen the outcome of the trial, or even if it quite reasonablely assumed that it had grounds to win, but the views of the courts changed along the way. It is puzzling that the costs of erroneous judgments are also ultimately borne by the losing party. In the UK Supreme Court, he ruled quite the opposite: that changing the position of the courts on a particular issue must not have a negative effect on parties who have acted in CONFIDENCE to previous rulings and a different position. Equity+ Logic.

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