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Old 15 September 2017, 06:15 PM
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E. Q. Taft E. Q. Taft is offline
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...although that particular phrase never made any sense to me, either. I mean, isn't it pretty natural to want to eat a cake if you have one? What else can you do with a cake, except maybe jump out of it if you're a stripper?

(Yeah, I stole that line. Sue me, Yahtzee!)
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Old 15 September 2017, 06:19 PM
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But once you eat the cake, you no longer have it.
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Old 15 September 2017, 06:19 PM
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I think it has become flipped and should really be, "You want to eat your cake and have it too." IE, you want to be able to eat your cake but still have an entire uneaten cake. Same flipping may have happened to the phrase, "head over heels". That's how most people are most of the time, it isn't some topsy turvey condition like is is used.
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Old 16 September 2017, 12:17 AM
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Maybe I'll try to start "head under heels" as a thing that is said.
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Old 16 September 2017, 02:44 AM
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Originally Posted by Lainie View Post
IANAL, and I'll be interested in hearing Esprise Me's response. But criminal and civil courts serve different purposes, and although some crimes may result in a civil suit, AIUI that's the exception: most civil cases don't involve anything that could be prosecuted as a crime.
This is correct, as are the other responses that came after.

It's a little difficult for me to answer the "why" question because it's always made such intuitive sense to me that it's hard to see where the disconnect is for others. If two people claim ownership of something (money, goods, something more abstract), you have to pick a winner, so you pick the person with the better claim, even if their claim isn't that much better. That's civil court. If someone has maybe done something really wrong, something society has an interest in discouraging, society may punish that person, even though doing so may not provide restitution to the victims. But if you're going to punish someone by depriving them of life or liberty, you need to be damn sure you've got the right guy.

Put another way: if someone offered me a lottery ticket with a one in six chance of losing my life savings but a five in six chance of winning all the money I could ever want, I'd think long and hard about that. But offer me a game of Russian roulette, where the one in six chance means literal death, and even if the five in six chance meant, say, vengeance upon everyone who's ever wronged me or anyone I love, and I wouldn't even consider it. Would you?
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