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literalbanana's profile
Ordinary Banana
Ordinary Banana
Ordinary Banana
@literalbanana

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Ordinary Banana

@literalbanana

when the Simulators gave up pretending not to exist they uplifted the bananas first. contact official intern @snus_mumrikken for beef scheduling

Joined December 2015

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    1. Ordinary Banana‏ @literalbanana 17 Jun 2018
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      is there a pithy law & economics term for “the law as various observers believe it to be” vs what it actually is in practice?

      11 replies 2 retweets 14 likes
      Show this thread
    2. Michael F. Martin‏ @riemannzeta 17 Jun 2018
      • Report Tweet
      Replying to @literalbanana

      The premise of your question is fatally flawed. See Robert Ellickson, Order without Law. The law *is* what it is believed to be.

      1 reply 0 retweets 1 like
    3. Ordinary Banana‏ @literalbanana 17 Jun 2018
      • Report Tweet
      Replying to @riemannzeta

      I’m asking about how the law & economics model treats this, is that what you’re answering?

      3 replies 0 retweets 0 likes
    4. Michael F. Martin‏ @riemannzeta 17 Jun 2018
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      Replying to @literalbanana

      Yes

      1 reply 0 retweets 1 like
    5. Ordinary Banana‏ @literalbanana 17 Jun 2018
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      Replying to @riemannzeta

      so what’s the word for fake law?

      3 replies 0 retweets 0 likes
    6. Michael F. Martin‏ @riemannzeta 17 Jun 2018
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      Replying to @literalbanana

      What is on the books is not very often consulted.

      1 reply 0 retweets 1 like
    7. Ordinary Banana‏ @literalbanana 17 Jun 2018
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      Replying to @riemannzeta

      so law is what people believe but there’s no term for the distinction between that and “on the books” law?

      3 replies 0 retweets 0 likes
    8. Michael F. Martin‏ @riemannzeta 17 Jun 2018
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      Replying to @literalbanana

      Well there are rule of law issues that stem from that distinction. But the point of the economic analysis done by Ellickson and others is that the distinction doesn't matter in many, if not most cases in which people have to decide how to behave or even how to resolve disputes.

      1 reply 0 retweets 1 like
      Ordinary Banana‏ @literalbanana 17 Jun 2018
      • Report Tweet
      Replying to @riemannzeta

      yeah that’s what prompted the question

      5:30 PM - 17 Jun 2018
      1 reply 0 retweets 0 likes
        1. New conversation
        1. Michael F. Martin‏ @riemannzeta 17 Jun 2018
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          Replying to @literalbanana

          I guess if you wanted to define law as what lawyers do then you might need a different term. Personally, I don't believe in privileging lawyers that way.

          1 reply 0 retweets 1 like
        2. Ordinary Banana‏ @literalbanana 17 Jun 2018
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          Replying to @riemannzeta

          same

          1 reply 0 retweets 0 likes
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