In a previous post on H.L.A. Hart’s Concept of Law, I had taken issue with the idea, expressed by Hart, that the criminal code consists of “commands” or “imperatives.” I don’t think it does, and regard both Hart’s discussion and much discussion based on it, as fundamentally confused as a result. This was the topic of a Zoom conversation we had last Sunday, and then an email missive I sent out and promised to post. I was originally going to make it a comment on my last post, but it’s too long, so I’ve made it a post of its own. I’ve cleaned it up slightly, but not (I think) in ways that anticipate the criticisms that were made of it in the email discussion. Continue reading
Tag Archives: consent theory
Zyrtec-D and “Express” Consent
So I go to CVS with a stuffy nose, hoping to land something strong to clean it all out–some good shit, like Zyrtec-D. I know I’m going to have to run the regulatory gauntlet, but I need a hit. So I go.
When I get there, there’s a line three deep in front of me, and within minutes, three deep behind. Finally, I get to the counter.
Khawaja: Hi, I need some Zyrtec-D. That’s available behind the counter, right?
Pharmacist: Yes. I need to see your driver’s license.
Khawaja (handing it over): Here.
Pharmacist (scanning it): Thanks. I’ll go get it.
A few minutes pass.
Pharmacist: That’ll be $19.99. But first you’ll need to sign this agreement on the screen. Once you click “agree,” and sign it, you can pay.
I glance at the long agreement on-screen, browse through it without understanding it, look nervously over my shoulder at the line behind me, click “agree,” sign it, and hand over $20. Continue reading
