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by jacques_chester
4809 days ago
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She mentions Hayek in passing several times, which is worth noting. He wrote quite extensively about the difficulty of replacing "spontaneous order" and evolved institutions with rational designs conceived from scratch. The basic problem is that the law is complex because human relations are irreducibly complex; and that the law takes human relations as its problem domain. This is essential and not accidental complexity. Those of us in STEM professions are good at reducing complexity, but a lot of the time we deal with complexity by simply discarding details in favour of abstractions that cover enough of reality that the cost of the mismatch is below the cost of building a more accurate model. Lawyers are rarely able to exercise such discretion. The courts are obliged to give definitive answers. |
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