>
>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.
Don't be silly. The RoL means, at a minimum, that the law is clear enough to be predictable, fairly uniformly applied, and more or less democratically decided. You can go as Crit (pomo in Law terms, for the initaited) as youlike, but if you deny the difference bewteen the situation in theadvanced industrial countries, where all this approximately holds, and Russia, Somalis, or Chicago, where it does bot hold at all, you have gotten to philosophical.
>
>In other words, many more cases are "hard" than it
>seems at first glance (especially in one place at one
>moment in time).
Actually my experience is that most casesa re less hard in practice than they are in theory.
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 :)
And I, to the astonishment of my Guild friends, in private. A Guildie who belongs to a far left party said wonderring that "Justin really gets into that legality shit!" C'est vrais.
jks
>
> > 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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