There's very few people who would say that the law as it is perfectly reflects the law as it should be (or there'd be no need for lawmakers)
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Replying to @arthur_affect @Eristae and
Whether that means the law-as-it-should-be "exists" (and it's meaningful to say "It was a crime even though it was legal") is this philosophical thing
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Replying to @arthur_affect @Eristae and
What FnP is arguing, about legal realism on the case-by-case level -- objectively speaking there is no individual crime until you've been convicted of it -- is very disturbing to me on a different level
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Replying to @arthur_affect @Eristae and
Which is why I said the relevance of murder to defamation is tenuous at best. Philosophically it’s interesting but that’s about it. Practically the conflation of criminal law with civil law isn’t that illuminating.
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Uh, no, in both cases either something actually happened or it didn't, both things are statements about the real world All court judgments, ideally, should be statements about the real world and things that actually happened, it doesn't matter whether it's civil or criminal
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Replying to @arthur_affect @MFnP and
"Ideally", of course, being the key term As someone who rejects fluffy idealism I'm sure you're just fine with the idea that the lower burden of proof in civil trials means Ms. Rowling should be able to extract apologies from anyone who pisses her off because judges like her
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Replying to @arthur_affect @MFnP and
I mean yeah in one sense talking shit about JKR as this act of rebellion is pointless because I live in the US and I'm covered by the First Amendment and the 2010 SPEECH Act so it proves nothing legally that she doesn't try to sue me
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Replying to @arthur_affect @MFnP and
But as an idealist to some degree it offends the fuck out of me that her shitty fans get to point to her critics' coerced abjection and apologies as *evidence she was actually morally in the right* It's viscerally offensive as fuck to watch them say that
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Replying to @arthur_affect @MFnP and
So, yes, watching them impotently sputter "Sue this man! Sue that lady! Sue everyone!" and it just not happening when people call her out on Twitter matters In a very small way, it matters It's the principle of the thing
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Replying to @arthur_affect @Eristae and
Why does it matter. I’m not following your point.
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It's a demonstration that the definition of "defamation" isn't whatever a billionaire's lawyers say it is
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