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Populism based jurisprudence will sink to the level of rigor demanded by the populace: not much. It will also be subject to fashionable morality. That is, the
by nazgulnarsil 16y ago
Populism based jurisprudence will sink to the level of rigor demanded by the populace: not much. It will also be subject to fashionable morality. That is, the courts will tend to favor the party that is more aligned with the ideological winds regardless of the facts of the individual case.
This is devastating to the economy, as contract law relies on consistency. If parties can't expect predictable/neutral arbitration this greatly raises the costs/risks of investment.
This is devastating to personal justice, as minorities (ideologically, culturally, ethnically, etc.) face an uphill battle instead of neutral arbitration.