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The Law As Fiction?

An economist who did not predict the biggest economic downturn in decades, has this to say of law:At risk of offending my many friends in the legal academy, I think that law is a shockingly phony discipline.  Virtually everyone - liberal, conservative, Marxist, libertarian, or whatever - imagines that the law conveniently agrees with what they favor on non-legal grounds.  Almost no one admits that many, if not most, laws are so vague that there is no "fact of the matter" about what they mean.Of course, he's right.  There is no Absolute Reality known as Law.  Statutes and cases are just bricks used to build whatever structure the builder desires.  But there is no Structure. Of course, up until a few years ago economists built models around the Rational Man...continue to full post

Full post as published by Crime & Federalism on December 26, 2008 (boomark / email).