Plato's Republic

dave dorkin ddorkin1 at yahoo.com
Thu Jun 20 13:37:58 PDT 2002


I'm not sure that's exactly what happens. I'm not certain that the rule of law means much, much more than convention where those who hold to the convention have a powerful enough voice in the way of numbers, institutions, money and power more generally put to make it seem as if all we did was work out out hard cases, in the absence of agreement on first principles and as well as principles of interpretation.

In other words, many more cases are "hard" than it seems at first glance (especially in one place at one moment in time). Now if you push hard on this, I think we are back to the Chomsky/Foucault debate here. that said, I believe in the Law at least in public :)


> Eric and Dave, sure, there complications, debates
> about what's fundamental,
> hard cases and different ways to decide them. Often
> particular cases will be
> quite difficult. That doesn't mean the principle of
> the thing is hard. It's
> not, and you agree with it, so why are you arguing?
>
> jks

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