Thursday, September 10, 2020

The limits of outraged argument

This point is tangentially related to this course, but is an important thing to understand about law generally and what a legal education teaches you about how to view the world.

You probably have seen the stories about the Department of Justice stepping into the defamation lawsuit against President Trump arising from his calling a sexual-assault accuser a liar. Many (most) of these stories have come from a position of outrage, as is often the case when political issues make their way into court--how dare DOJ act like the President's private attorney. But this explanatory essay (free registration may be required) explains the legal issues and why this might be legally required and successful.

So this forces you to look at things two ways: Descriptively (how the law is) and normatively (how the law should be). Be careful not to collapse them in your arguments and in how you become outraged.

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