Pratap Bhanu Mehta on The Theory of Moral Sentiments
Ideas of India
00:00
The Evolution of Common Law Rules
The court to smith and his reliance on rules, is also the process by which the rules emerge. It's very much an emergent process. And what we've done with emergent processes now is some of those rules are easier to codify. So instead of that bottom up, bubbling process that smith relied on for these rules, we've just like, completely flipped it. I think thits this idea that we could somehow depoliticize law if we gave it to judges, it's both a conceptual mistake and, i think, a deep political mistake as well.
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