Over a decade ago, I was given a ticket for a moving violation. I thought I was innocent, so I demanded a trial. I showed up in court on the relevant day, and went out of my way to construct what I regarded as a cogent defense based on the law. Most of it was disallowed as “irrelevant” by a judge who insisted that I was guilty because most people accused of my infraction were: why think I was any different? Having made my presentation, the judge asked whether I had any more to say. No, I replied, but I had some visuals–some photographs–to support my case. The introduction of the photos was disallowed on the grounds that I had failed to “introduce them into evidence” at the outset. And that was that. Continue reading
Tag Archives: law
Law’s Empire
When I was younger, I had this conviction that the law was a noble calling allied with rationality and justice. The more I learn about it, and see of it, and deal with it, the more it seems a grotesque parody or subversion of those things. Necessary? Yes. Noble? Not really. Often, it just seems like a game played by the rich, educated, and powerful, intended to rationalize whatever needs to be rationalized so that the world stays the way it is.
H.L.A Hart on Commands and Consent
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
H.L.A. Hart’s “The Concept of Law”: An Overview
As I mentioned in the preceding post, the MTSP discussion has moved from discussing George Sher’s Desert (my choice) to HLA Hart’s The Concept of Law (Roderick’s). Since I’m not even close to done summarizing and commenting on Sher, I’m obviously not going to commit to writing a series of essays on Hart. But I don’t want our discussions to disappear into the Zoom void, either, so I thought I’d just mention some of the themes of the discussion, using this post as a placeholder for any further discussion that might take place (whether among the Zoom discussants or anyone else who wants to join in).
At Roderick’s suggestion, we read the first two chapters of The Concept of Law–the first on “persistent questions” that arise in defining the concept of “law,” the second on “laws, commands, and orders.” Unfortunately, each one of us had a different edition of the book, which made “citation” difficult, but for this post, I’ll be using the Second Edition. As I see it, three basic issues came up. Continue reading
From Bootleg Liberalism to Trumpist McCarthyism
I’m not a big booster of my undergraduate alma mater, Princeton, or a big fan of its current president, Christopher Eisgruber. But when a self-proclaimed “libertarian” academic gleefully defends an absurdly unwarranted federal investigation into the institution, relying on transparently idiotic arguments, one reaches a point of discursive futility: this is not a person worth arguing with, or even all that much worth spitting at.
https://200proofliberals.blogspot.com/2020/09/princeton-plays-with-bull-and-gets-horns.html
No one with Brennan’s credentials can be stupid enough to believe the bullshit arguments he’s trundling out at this point. As a friend of mine pointed out, Brennan’s blog posts are not meant to be taken seriously. They’re just the efforts of a hostile well-poisoner working off his animosities in public in the confident belief that he can say anything about anyone with impunity. All I have left to say is: feel free, dude–and feel free to fuck yourself while you’re at it. Continue reading
Portia, Portia, Portia
Whenever I have to spend a lot of time dealing with lawyers, I find myself thinking about The Merchant of Venice, the best guide to the law (and to lawyers) ever written. Of course, for as long as I’ve been reading it, I’ve encountered interpreters who sing the praises of Portia, the pseudo-lawyer who decides the case at the climax of the play. I guess my attitude toward Portia is a lot like Jan Brady’s attitude toward her older sister Marcia, as depicted in this, the climactic scene in one of the major episodes of the Brady Bunch epic.
Cancel Culture and the Discourse of Ad Hoc-ery
Consider the following social phenomena:
- Public denunciation or accusation
- Boycott
- Termination (in the context of employment)
- Litigation
- Regulatory proceedings (e.g., audits, sanctions, and the like)
- Arrest (in the context of criminal proceedings)
- Assassination
I’ve organized them in ascending order of intensity for the person on the receiving end. Continue reading
At-Will Employment Redux
Back on July 25th, I took issue with Jason Brennan’s claim that
…in general, in legal contracts, even when there is language to the contrary, parties do not acquire the right to unilaterally revise the conditions.
This claim, I argued, is close to the reverse of the truth. Most employment in the US is employment-at-will. In at-will employment arrangements, employers unquestionably do have the right (both de facto and de jure) “to unilaterally revise the conditions” of employment. They often conceal this by having their employees sign what look like (and are called) “contracts.” But the “contract” in question will typically contain language to the effect that the employment arrangement is at-will, implying that the terms are revisable at will.* Continue reading
Can an Employer Unilaterally Change the Terms of an Employment Contract?
In a whiny blog post at 200 Proof Liberals addressed to his provost, Jason Brennan claims that you can’t enforce a contract which gives one side unilateral and unlimited power to change the terms of the contract. The context is a “compact” that Georgetown’s administration has imposed on students, faculty, and staff regarding the spread of COVID-19. Continue reading
Stop, In the Name of Dog (Before You Break Your Leg)
I just saw some guy walking two beautiful golden retrievers down Witherspoon Street in Princeton, New Jersey. He crossed the street without really looking where he was going, then nearly collided with a car turning into the intersection. I repeat for the nth time that if American crosswalks were designed like the crosswalks of Barcelona, none of this would ever have happened. But they aren’t, and no one ever listens to my pro-Barcelona urban planning rants anyway.* Continue reading
Policy of Truth 