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Courts and Contracts — What makes a stranger safe to deal with
Front
When It Breaks0144
Courts and Contracts
What makes a stranger safe to deal with
The machinery that makes a promise enforceable by someone else.
III · The Machinery41 / 53
Back
0144 · The Primer41 / 53
Trade between strangers works because somebody else will enforce the deal. That is what a court mostly is: not a place of punishment, but the backstop that makes a contract worth signing. Almost no contract ever reaches a judge. They work because everybody knows one is available if it comes to that.
- Judges are not calculators. They interpret, and interpretation is shaped by precedent, by doctrine, and by human judgement about what the consequences will be.
- A right is only as real as your ability to claim it. Free legal representation exists because a right nobody can afford to use is not really a right.
SourcePosner, How Judges Think (2008)
Lewis, Gideon's Trumpet (1964)
Lewis, Gideon's Trumpet (1964)
Keep exploring
Because you read Courts and Contracts.
When It Breaks0152
The Audit
Marking your own homework does not count
An independent check that the numbers say what they claim to say.
III · The Machinery49 / 53
When It Breaks0151
The Regulator
Somebody is supposed to be watching
The bodies that police an industry on the public's behalf.
III · The Machinery48 / 53
Your Country0073
How a Law Gets Made
A bill's long walk
The path an idea travels before it becomes binding on everyone.
II · The World22 / 53