Posted by: captainfalcon | February 25, 2010

Over at Balkinization…

Jack Balkin has a good post. Money quote:

The moral of the story is not that legal argument is hopeless. It is rather that you should be careful that you do not demand the wrong things of it. Law works best when it relies on plausibility and reasonableness; when it requires certainty it often badly misfires, because lawyers are trained to upset certainty where ever they find it. That is what they do for a living. If Yoo and Bybee are guilty of something it is not they made objectively bad legal arguments. It is that they were toadies to power and facilitated torture. Professional responsibility rules are not well designed to deal with this kind of evil.


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