Honestly we already have the rules, we just don’t enforce them. On paper, reading the codes of legal ethics, you’d expect the Barr DOJ to be inconceivable because everyone involved would have lost their licenses months ago.
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which comes back to "the prerequisite for a functional society built off law is that this degree of fuckery is punished savagely"
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It's worth noting, anyway, just looking at how much people hate lawyers and Shakespeare having the "First thing let's kill all the lawyers" quote etc, that de Tocqueville noticed the litigiousness of American society very early on and noted it as a positive thing
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Replying to @arthur_affect @loudpenitent and
That America was a society with a surprising number of lawyers setting up shop on every street corner in every small town and ordinary Americans were surprisingly interested in learning about the law, talking about "their rights", threatening to sue, etc
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Replying to @arthur_affect @loudpenitent and
He argued it was a result of America being a society where people felt themselves to be each other's equals to a far greater degree than Europe of the time, where people had a much stronger sense that the law was whatever your betters demanded of you and it was useless to fight
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Replying to @arthur_affect @loudpenitent and
In his view America was a country where even middle class tradesmen were prepared to defend their honor in battle, like old time aristocrats all being trained to duel Only the battle was a bloodless battle of words and principles It was, in a way, utopian
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Defamation was 100% created as an alternative to dueling.
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Replying to @lawnerdbarak @arthur_affect and
An insult that would lead to a duel was a civil defamation, actionable for money damages, and defensible by a showing of truth. An insult that would lead to a riot was a criminal libel, actionable by the State, and a truth defense also needed to show good motive
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Yeah, like... People used to kill each other ALL THE FUCKING TIME. For stupid, STUPID shit. When you hear about dueling cultures or hell even Norse feuds, the escalation over stupid feuds is just cartoonishly horrifying.
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It's funny that this is a whole thing in Shakespeare, like in Twelfth Night when Sir Andrew gets in a fight with Sebastian and rather than escalating to a duel shouts "I'll have an action of battery against him in the courts!" it means he's a gigantic pussy who will die a virgin
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Which you know is a thing still today, but less so, like most of us would condemn actually killing a person even if they did "provoke" you Marco Polo talked about how aghast he was that the people of China were totally emasculated by the Khan banning weapons
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Replying to @arthur_affect @loudpenitent and
So when drunken brawls started in the street people beat each other up for a while but then the fight was broken up with no fatalities He was astonished that a man would suffer to live this way, to be treated like a child
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I mean there's definitely an element of this in some strains of pro-gun culture, for example, the implicit belief that the ability to kill equals manhood and free citizenship. You see a number of leftists internalize it too - ability to kill at will equals true citizenship.
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