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Stephen Diamond's avatar

We instead prefer a legal system with lots of specific rules, where in the end “reasonable” people are allowed to exercise “judgment” about how to “interpret” the rules. It sure looks like what we want is the appearance of constraining ourselves to follow rules, combined with the practice of arbitrary choice.

Why is your inference that we seek merely the constraint's appearance more plausible than the straightforward alternative: we most prefer mild constraints? Telling against yours— imperfections of constraint don't prove its absence.

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Overcoming Bias Commenter's avatar

If the opposite errors were suddenly to become common, enormous concern would be expressed, great resources would be spent, and we’d be willing to consider large institutional changes to eliminate them.How do you know that?

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