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Read "Myth of the Rule of Law" by John Hasnas, who is a professor of law at Georgetown. https://archive.org/stream/THEMYTHOFTHERULEOFLAWByJohnHasnas47/THE%20MY
by bordercases 7y ago
Read "Myth of the Rule of Law" by John Hasnas, who is a professor of law at Georgetown.
https://archive.org/stream/THEMYTHOFTHERULEOFLAWByJohnHasnas47/THE%20MYTH%20OF%20THE%20RULE%20OF%20LAW%20by%20John%20Hasnas-47_djvu.txt https://archive.org/stream/THEMYTHOFTHERULEOFLAWByJohnHasnas...
It is the nature of law to be a negotiation among parties, with all of the properties of negotation that this implies – personal interests, wavering agreement. Believing that law can carry an objective authority disguises this reality and leaving the nature of law unacknowledged makes regulation of that system more difficult.
You might argue that making law more formal or explicit can help here, but laws are already very formal and explicit, and being formal and explicit doesn't guarantee total consistency, maybe paraconsistency at best unless you're dealing with logics much less rich than those we can embed in natural language.
- walshemj 7y agoHow does this apply to parliamentary procedure? my argument is you cant once a law has been agreed and suddenly say oh no I am going to rewrite the law on my personal say so.
- bordercases 7y agoYou can come up with multiple conflicting interpretations during a case that are only resolved through further qualification and cases. This is a part of procedure as much as "personal say so" is not.