Plato argued that good people do not need laws to tell them to act responsibly, while bad people will always find a way around law. By pretending that procedure will get rid of corruption, we have succeeded only in humiliating honest people and provi...
Uniformity in the common law, consisting of broad principles like the "reasonable person" standard, generally permits adjustment for the circumstances. This type of uniform principle is almost synonymous with fairness. Uniform application of a detail...
Human nature turns out to be more complicated than the idea that people will get along if only the rules are clear enough. Uncertainty, the ultimate evil that modern law seeks to eradicate, generally fosters cooperation, not the opposite.
By exiling human judgment in the last few decades, modern law changed role from useful tool to brainless tyrant. This legal regime will never be up to the job, any more than the Soviet system of central planning was, because ti can't think. The comed...
