John of Salisbury: I see that Brad DeLong is getting smacked down from the left and from the right.Ok, so I am somewhat distraught that He AVOIDED one of the critical sub texts of the debate.
Thrasymakhos: Something that would make the world a better place if it happened more often, but about what, exactly?
John of Salisbury: Well, DeLong wrote down an off-the-cuff list of ten "constitutional moments" when American judges had changed the law. Fourth on his list is:
The post-Civil War empowering of corporations with exorbitant privileges of citizenship and limited liability at the expense of government regulators and creditors.
Justinian: Your modern jurisprudents appear to be a scurvy lot.
Edward Coke: I cannot disagree.
John of Salisbury: It's your fault.
Edward Coke: My fault?!
Justinian: I'm still stuck at this "required by the legislative history" business...
Thrasymakhos: It doesn't make "sense." It's not supposed to make sense. It's simply a way of avoiding admitting that the post-Civil War Supreme Court made choices about how American corporate law was to develop, and those choices could have gone different ways...
[ cf A Short Dialogue on Santa Clara County v. Southern Pacific Railroad Company ]
Namely and towit, the Argument From Intelligent Design, and the clear and compelling evidence that it offers such legal debates, when it comes to the Need For A Greater Great Leader Like Great Leader!!!!
But in spite of that, folks really should read the article as it is a precious and delicious play on the on going debate about who are the True Gnostics Who Truly Know The True Truth, and hence why all of the Radical Judicial Advocates, are black robed tyrannts, even if they are appointees of Great Leader!!!