Tuesday, July 12, 2011

It's called Fascism.
The unhappy byproduct on the academic model of collaborative reason: if we all agree, it must be true and good. But it's not good when defense attorneys collaborate with prosecutors, so why should it be good the branches of government are joined? Why is unity under demagoguery a good?

There are rules mandating adversarialism in law; there are no rules mandating the same for branches of government. Maybe there should be.

Democracy is the rule of form, not content. It's relativism, but so what? Relativism, or Plato and the Pope, the choice shouldn't be that hard to make.

There is no more truth to dictatorship than there is to democracy, but democracy if we choose it, is founded in mandated formalized conflict. Jack Balkin may want to consecrate the proceedings with the language of redemption, but that's unnecessary. Or rather it's no more necessary for the United States than it is for the World Series or the World Cup. There is no truth in sport, yet people dedicate their lives to it.

The politics of truth is Fascism, always. If you don't want that, then shut up and play ball. And if you think what I've written manifests perversity, read the post and the review of Posner's fascist book.

No comments: