Quote:
Originally Posted by chezlaw
This is correct and it comes up a lot.
These concepts are prior to the law. Good law is an attempt to codify and enforce the concepts that make up what we believe is good and bad, right and wrong, desirable and undesirable.
I don't really agree with this description of good law. This seems to suggest that we start with a concept of what is good, and then use law to put that concept into practice. I would say instead that this goes in both direction, with good law (especially in common law jurisdictions) operating more as a
reflective equilibrium. We have some concept of what would be good, then put it into practice through law, but then based on the actual effects of law through the courts revise that concept, which then changes the law, and so on (this is more obviously true of common law jurisdictions). Here legal concepts are understood as the result of evolutionary changes in how we should think of some basic moral ideas, sort of similar to a rudimentary form of machine learning.