Thursday, November 27, 2008

Do You Love the Rule of Law More than Chocolate Itself.

In "No New Torture Probes" J Goldsmith argues

"the greater danger now is that lawyers will become excessively cautious in giving advice and will substitute predictions of political palatability for careful legal judgment."

Odd I thought he was talking about the legal advice given by John Yoo and David Addington, but he suddenly changes the subject to "careful legal judgment". He is concerned that if the advice of Yoo and Addington is not allowed to over-rule the law, then lawyers might conclude that careful legal judgment is good enough.

For this to happen, those lawywers would have to overlook the difference between those opinions and careful legal reasoning.

I think a bigger danger is that if the advice of Yoo and Addington is not allowed to over-rule the law, then people will stop eating chocolate, because they will note that the advice of Yoo and Addington was not good enough and overlook the difference between the advice of Yoo and Addington and chocolate.

I think it is just about as likely that someone will mistake their legal advice for chocolate or conjugation or Antarctica as for "careful legal reasoning".

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