If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: "the Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity," I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.Our bold above. Scalia is too nuanced a guy to have emphasized his dig.
Friday, June 26, 2015
Zinging well is the best revenge on your colleagues
Footnote 22 of Justice Antonin Scalia's dissent is;
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Overblown writing heavy with adjectives is much better than clear writing when the author doesn't want anyone to read and understand it. It is also much easier to defend it when one can reply "I didn't mean what you think you read, I meant this other thing entirely."
ReplyDeleteDon't spend time diving into the following quote, just get a feel for it.
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The Rubicon of Reality: Precultural Socialism, Socialism and Neomaterial Capitalist Theory
In the works of Gibson, a predominant concept is the concept of textual art. It could be said that Baudrillard promotes the use of neostructuralist constructive theory to deconstruct capitalism. The subject is contextualised into a predialectic paradigm of expression that includes narrativity as a reality.
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This quote was constructed by the computer program Postmodernism Generator. It produces senseless texts which mimic postmodern, deconstructive "thought".
http://www.elsewhere.org/journal/pomo/ (That is pomo, not porno)
Computer science allows us now to dispense with the Supreme Court. A program called PostLegal Generator could take a concluding sentence and construct paragraphs to precede it. These instant legal opinions would validate any desired outcome and would support any possible analysis.
This would be just as inscrutable as the Supreme Court, would dispense with the intellectual effort to understand its rulings, would relieve justices of the shame for producing the opinion, and would be much cheaper.