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> Legal arguments are ones that are essentially saying "I have government violence backing me up." Even if this phrase served your larger argument regarding Cr
by wwweston 14y ago
> Legal arguments are ones that are essentially saying "I have government violence backing me up."
Even if this phrase served your larger argument regarding Craigslist's moral position -- and I don't think it does, given that thus far, Craigslist is really the first to threaten to make this a matter requiring state enforcement -- it'd still be a bit mixed up.
A legal argument -- like any other argument -- can be about persuasion based on established principles instead of compulsion. In fact, that's essentially all it is through the point the parties involved are subject to an arbiter whose decision is still essentially based in the relative persuasiveness of the arguments.
It's true that at the stage where a ruling is either ignored by an unhappy party or enforced by another party, violence of one form or another may be required (if there is to be a system where there's enforcement -- and not all systems choose this). But between that point and the "legal argument" stage, there's enough of a buffer zone grounded in discussion that any easy equivalence between the argument and violence itself should make a careful thinker suspicious.