#there was an interesting aside on coases theorems applicability to law but aside from that...eh

[mourning-again-in-america]

@xhxhxhx referred me to this concept, and I don't agree with Dworkin as presented, but it makes much of what I hate about the practice of law make more sense.

It's a very good framework for those who are law-making officials, or assistants to lawmakers, and of course law schools need to train those, but i think it has a very dangerous influence on those who are arguing on what the law is, or those who are attempting to find the law in a given situation.

And in those cases, it seems horrifyingly common for people to reach for "well, the law's unclear, and it should be <policy>" just as it's argued "there's ambiguity, so <policy>", and I have a metaphorical allergic reaction to anything that promotes that kind of thinking, partially because I don't have interest in law-making, but partially because I see too much of what seems to be law-making disguised as law-finding throughout legal history, and I want it to die the true death it deserves.