I agree that the common law is a pretty effective legal system, reflecting the work of smart people adjudicating particular cases, and feedback over time (from competition between courts, reversals, reactions to and enforcement difficulties with judgments, and so forth). I would recommend it over civil law for a charter city importing a legal system.
But that’s no reason to exaggerate the underlying mechanisms and virtues. I also think that there is an active tendency in some circles to overhype those virtues, as they are tied to ideological disputes. [Edited to remove political label.]
but your argument seems to be assaulting the strongest part of his argument
Perhaps a strong individual claim, but I didn’t see it clearly connected to a conclusion.
Perhaps a strong individual claim, but I didn’t see it clearly connected to a conclusion.
I agree with you that it isn’t connected at all with his conclusions. Therefore, challenging it doesn’t challenge his conclusion. Nitpicking something that you think is irrelevant to the opposing side’s conclusion in a debate is logically rude.
I agree that the common law is a pretty effective legal system, reflecting the work of smart people adjudicating particular cases, and feedback over time (from competition between courts, reversals, reactions to and enforcement difficulties with judgments, and so forth). I would recommend it over civil law for a charter city importing a legal system.
But that’s no reason to exaggerate the underlying mechanisms and virtues. I also think that there is an active tendency in some circles to overhype those virtues, as they are tied to ideological disputes. [Edited to remove political label.]
Perhaps a strong individual claim, but I didn’t see it clearly connected to a conclusion.
I agree with you that it isn’t connected at all with his conclusions. Therefore, challenging it doesn’t challenge his conclusion. Nitpicking something that you think is irrelevant to the opposing side’s conclusion in a debate is logically rude.