The Brooding Omnipresence in the Sky
Hello.
My name is Theodidactus, for the purpose of this blog anyway. I am a criminal defense attorney from Minneapolis, Minnesota who handles both State and Federal cases of all sorts. I have quite a few little hobbies on the side: I make video games, write fiction, and lurk ominously on the periphery of the online rationalist community and occasionally butt in to make annoying points. The communities I’m part of seem to enjoy my legal commentary, and so we are here, in a space where I’ll post explanations and (some) commentary on the law.
It’s important at the outset to explain my prior biases and attitudes about what the law is, and is not.
What the Law is not:
The law is not necessarily just. More to the point, the law does not even try to be just. If only we could have it so easy: the judge (or other decisionmaker) would simply think really hard about what course of action was right…then do that. This would make the law a simple albeit unpredictable enterprise.
The law is not necessarily rational. More to the point, the law does not even try to be rational. In a democracy, the law is made (and in many cases applied) by “normal” people, who do not behave rationally, but rather proceed by instinct, opinion, bias, guesswork, and common sense.
The law is not a “brooding omnipresence in the sky…” Southern Pacific Company v. Jensen 244 U.S. 205, 222 (1917) (Holmes, J., dissenting; opinion published (21 May 1917)).
What the Law Is:
The law is “…the articulate voice of some sovereign or quasi sovereign that can be identified; although some decisions with which I have disagreed seem to me to have forgotten the fact.” Id.
The law is a system of rituals we use to make decisions appear predictable, final, and fair. That does not necessarily mean the law is predictable, final, or fair. Like a magician solemnly rolling up his sleeves before he pulls a playing card from thin air, the law is a series of ritual techniques that reassure the audience there is nothing sinister hiding in the most obvious places. A later post will discuss what I mean by “predictable”, “final”, and “fair”
The law is a technique we use to align society. Since the agricultural revolution, humans have been aware, albeit dimly, that this thing we call “society” is a very much like a genii or a demon or even a god. It is something far more powerful (and potentially more dangerous) than any human. It is a deep magic, and it can grant our wishes, but we rightly fear its powers. The law is a great, seamless web of lesser spells we’ve woven around society to make it grant our wishes, but only those wishes we deem prudent. A later post will discuss my own thoughts on similarities between the ancient project of law and the nascent project of aligning artificial intelligence.
What this Blog Is:
This blog is a space I intend to update weekly or at the very least monthly with legal explanations, or other commentary on the intersection of law, religion, rationalism, current events, and even stranger things. Upcoming topics as of 12/5/2022 include an examination of how good AI text engines are at solving legal problems, a lengthy Q&A on law and rationality, and an overview of the myriad legal issues confronting Sam Bankman-Fried
What this Blog Is Not:
This blog is not legal advice. I intend to provide something in the way of citations for the posts that I make, but you, dear reader, must understand that even the considered posting of a lawyer is not the same thing as legal advice, which requires considerably more research (and is consequentially considerably more expensive). One recurring theme you will surely see on this blog is that legal outcomes can vary considerably based on relatively small details…thus abstract or hypothetical points will generally not be helpful in understanding a real legal problem. If you have a real legal problem, you should hire a real lawyer.
This blog is not, strictly speaking, opinion. There are a thousand opinions about what the law should be. I write primarily to explain what the law is. I may periodically offer commentary on why the law is that way, but even here, I’ll generally be speaking historically or practically. I will very rarely be opining what I feel the law should be, since I’m no more learned on that topic than you are. I sincerely hope this is not terribly alienating or offensive, because no matter your politics, it’s nearly certain that you’re unhappy with the law in its current state.
I submit this is inescapable, since as aforementioned, the law is not necessarily just or rational. The law is not some brooding omnipresence in the sky, it’s frankly more terrifying than that. As famed fantasy author Terry Pratchett put it “there is no justice. There’s just us.”
Brace Yourselves