Comment by AnthonyMouse
14 hours ago
> If enough people stop believing in the law, it really threatens those in power.
I think this is why the thing judges hate the most is people admitting when the law gives them an unfair advantage.
A rule that unjustly benefits someone is fine as long as they don't break kayfabe. Big Brother loves you, that's why you can't install apps on your phone, it's to protect you from harm. The incidental monopolization, censorship and surveillance are all totally unintentional and not really even happening. Oceania has always been at war with Eurasia.
Whereas, declare that you're shamelessly exploiting a loophole? Orange jumpsuit.
I agree, but that's the uncharitable interpretation. The charitable one is that intent matters. Those in power being threatened tends to strongly correlate with societal instability and a distinct lack of public safety. I may not always agree with the status quo but I don't want to live in Somalia either.
"Intent matters" is the dodge.
There is an action you can take that does two things. One, it makes it marginally more expensive to commit fraud. Two, it makes it significantly more expensive for your existing customers to patronize a competitor. If you do it, which of these things was it your intent to do?
The answer doesn't change based on whether you announce it. You can fully intend to thwart competition without admitting it. And, of course, if the only way you get punished is if you admit it, what you really have is not a law against intending to do it but a law against saying it out loud. Which is poison, because then people knowingly do it without admitting it and you develop a culture where cheating is widespread and rewarded as long as the cheaters combine it with lying.
Whereas if the law is concerned with knowledge but not "intent" then you'd have a law against thwarting competition and it only matters what anyone would expect to be the result rather than your self-proclaimed unverifiable purpose.
But then it's harder to let powerful people get away with things by pretending they didn't intend the thing that everybody knew would be the result. Which is kind of the point.
FWIW, laws aren't merely abstract tools of oppression, they're what binds groups larger than ~100 people into societies. And the true fabric laws are made of, is one of mutually-recursive belief, everyone's expectation that everyone else expects they're subject to them. Threaten that belief, the system stops working. The system stops working, everyone starves, or worse.