The rule of law is exactly as intelligent as the mutability of said law.
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I agree mandatory minimum sentences can be extremely stupid, but perfect mutability is equally stupid.
I'd say "mutability x fairness".
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Cf mechanical toughness, roughly= strength x capacity for plastic strain.
Glass is stronger, gold more ductile, steel tougher.
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The Joker's "chance is perfectly fair!" from Dark Knight film is analogous to "let's build the airplane out of diamond!"
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Not sure what if anything we're arguing about. All values need to be constantly re-examined in a chicken-egg loop with laws
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All I'm arguing is that there are limits to values of mutability beyond which intelligence-of-law ceases to be proportional.
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Reducing to absurdity, autocrats whose whim is law achieve perfect mutability, but their laws aren't the most intelligent.
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mutability is also necessary, not sufficient. Perfect mutability is not one mechanism. Just Popperian "no absolute truths."
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I guess I got hung up on "to the extent that", which implied proportionality; seems like your intent might have been "only if"?
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