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You'll want to encode enforcement rules in the laws themselves. Fundamentally, our laws really aren't constraints on what you can do, but guidelines for what yo
by Retra 11y ago
You'll want to encode enforcement rules in the laws themselves. Fundamentally, our laws really aren't constraints on what you can do, but guidelines for what you can enforce. You need to take it a step further and write down what you will enforce.
- danharaj 11y agoHow do you guarantee the enforcement of the rules of enforcement? The fundamental problem is a vicious circle. The abstraction of law leaks.
- Retra 11y agoEvery abstraction leaks. That's why they are abstractions and not 'actuals.' What you do is try it, and when it fails, you manage the failure and modify your system.
- danharaj 11y agoDifferent people have different idea what the actuality of law is. Most people (as Baudrillard would argue) don't ever work with the actuality. Others, mainly the powerful, are quite happy enough to fix failures of the law with copious amounts of force. The abstraction tends to leak bullets. It is very important to emphasize that the law is less than sacred, even an annoyance, to undermine those who will enforce it with the wrong actuality.
- Retra 11y agoI fail to see your point.
- danharaj 11y agoAttempting to maintain the abstraction of law by fixing it when it leaks has the hazard of bad actors sneaking undesirable elements into our social structures, like violently maintained hierarchy. Adopting a mindset that law is fundamentally flawed and its language is essentially incoherent helps mitigate this possibility. An example of such incidence is when people trust the police to the point that they prejudge conflicts involving the police on the basis that they represent the law, and the law is good, therefore the police are good. This is still happening.
- vezzy-fnord 11y agoBut execution and legislation are two separate branches, why are you creating a tightly coupled relationship between them? Writing down explicit paths of enforcement sounds almost guaranteed to be incomplete, and would result in having a high degree of agency being removed from enforcement, because they would now have to follow literal conditions no matter what. Conditions which will almost certainly account for an insufficient number of variables than the ones that will be encountered in reality.
- Retra 11y ago>But execution and legislation are two separate branches, And cars don't drive themselves. So I guess that solves our problem. You can read my post below (https://news.ycombinator.com/item?id=10154344 https://news.ycombinator.com/item?id=10154344) to see how I'd start addressing your other concerns. Basically, if an enforcement officer recognizes some new variables, they can write them down in the law and then enforce it.