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>...In the real world, people usually attempt to solve problems by forming hypotheses and then testing them against the facts as they know them. When the facts
by floxy 2y ago
>...In the real world, people usually attempt to solve problems by forming hypotheses and then testing them against the facts as they know them. When the facts confirm the hypotheses, they are accepted as true, although subject to re-evaluation as new evidence is discovered. This is a successful method of reasoning about scientific and other empirical matters because the physical world has a definite, unique structure. It works because the laws of nature are consistent. In the real world, it is entirely appropriate to assume that once you have confirmed your hypothesis, all other hypotheses inconsistent with it are incorrect.
> In the legal world, however, this assumption does not hold. This is because unlike the laws of nature, political laws are not consistent. The law human beings create to regulate their conduct is made up of incompatible, contradictory rules and principles; and, as anyone who has studied a little logic can demonstrate, any conclusion can be validly derived from a set of contradictory premises. This means that a logically sound argument can be found for any legal conclusion.
The Myth of the Rule of Law
https://drive.google.com/file/d/1I-JhqpU3_0r_HL06hP-5DABhEtGLX3g8/view https://drive.google.com/file/d/1I-JhqpU3_0r_HL06hP-5DABhEtG...
- mjburgess 2y agoThe law is not a set of propositions, so this issue does not arise. The law is a linguistic artefact which requires interpretation to derive propositions, ie., pragmatics. The pragmatic context of interpretation, hemmed-in by precedent, dramatically narrows the range of admissible "legal propositions" in any given legal context. The idea that the law is, or should be, a canonical set of propositions is the real "myth" here, one espoused by people who haven't thought for a moment how such a set of propositions could ever be constructed.