Judicial accommodation of parallel legal systems perpetuates mafia bargaining.
Evidence
[This book] discards the notion that law takes place within a framework that is independent of the structure of legal argument. It rejects the view that a set of legal presuppositions exists that are discoverable in the absence of legal argument, upon which legal argument is supposed to depend. The entire enterprise in which others are engaged seems to be based on a confusion between the justification [of the system]—which is that legitimation that results from the operation of the various [modalities]—and a hypothesized causal explanation for [law] derived from socio-political thcories.’ — Philip Chase Bobbitt, Reflections Inspired by My Critics, 181 (
#complicates, via linked claim)
Categorization
- XREF: connects to: Democracy’s need for consensus forces complicity with the mafia; Justifying a legal system differs fundamentally from causally explaining it through politics or psychology — Philip Chase Bobbitt, Reflections Inspired by My Critics, 181; Criminal associations can create internal legal orders parallel to the state’s (+1 more)
Related
- Criminal associations can create internal legal orders parallel to the state’s (similarity 0.80)
- Pre-political publics read legal injustice through law rather than political categories (similarity 0.79)
- Justifying a legal system differs fundamentally from causally explaining it through politics or psychology (similarity 0.78)
Broader Connections
- Democracy’s need for consensus forces complicity with the mafia
#expands(0.75) - Justifying a legal system differs fundamentally from causally explaining it through politics or psychology
#complicates(0.75) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 181