The tether story reminded me a bit of Trump’s legal strategy. The goal is not to win, but to gain more time. In the meantime, Trump could collect donations to “challenge the vote” (pay off campaign debts), or he could implement policy that–even if later reverted–could have a long-lasting impact. I think this strategy poses an enormous challenge to legal theory: justice will not be done if bad faith actors game the court system. Maybe in the end they lose a legal fight–in the meantim they have already “created facts”. How does this relate to my work? The natural environment is truly the most vulnerable actor in this game. Who cares whether you lose the legal fight on the building permit if you have already built the pipeline? The damage to the natural environment cannot be undone.
For attribution, please cite this work as
Barg (2021, Jan. 16). Julian Barg: Flaws in legal theory. Retrieved from https://www.jbarg.net/posts/2021-01-16-flaws-in-legal-theory/
BibTeX citation
@misc{barg2021flaws,
author = {Barg, Julian},
title = {Julian Barg: Flaws in legal theory},
url = {https://www.jbarg.net/posts/2021-01-16-flaws-in-legal-theory/},
year = {2021}
}