I'm a proponent of aristocratic rule but I absolutely loathe our judicial overlords and I'm not sure why. Probably because it's a bastardized aristocracy elevated from the bureaucracy.
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also the fact that it is purely reactive and extremely inefficient, entire orgs exist to conjure pretenses to get a case into the court system that might work its way up the chain over the course of several years
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I've begun to think that this excessive reliance on hollow proceduralism to produce obviously false conclusions is one of the big reasons societies that reach a certain level of complexity begin to fail
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from what I can tell (this topic fascinates me and I intend to write something that touches on it, among other things)
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the "complex" in "complex societies" means specialization/division of labor which separates customary power from real (military) power
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that is, specialization producing sophisticated manufacturing practices dispersed over wide area by virtue of safe open trade lanes, and...
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...specialization producing sclerotic jurists and soft hands urbanized/palatial ruling class same thing
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but because all this is legal fiction all it takes is one good kick, whether it's an end to material plenty that buoys the system, or powerful action taken in disregard of it
End of conversation
New conversation -
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a lot of times the magic paper is an obvious afterthought, e.g. plyler v. doe
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