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Courts and ContractsWhat makes a stranger safe to deal with

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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

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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)

Mechanism · GKL 0144

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