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Courts and Contracts. What makes a stranger safe to deal with.
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When It BreaksGL-00144
Courts and Contracts
What makes a stranger safe to deal with
The machinery that makes a promise enforceable by someone else.
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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 BreaksGL-00152
The Audit
Marking your own homework does not count
An independent check that the numbers say what they claim to say.
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When It BreaksGL-00151
The Regulator
Somebody is supposed to be watching
The bodies that police an industry on the public's behalf.
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Your CountryGL-00073
How a Law Gets Made
A bill's long walk
The path an idea travels before it becomes binding on everyone.
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