> Sure, and there are people who can array thousands of pages of evidence that vaccines cause space reptilism and chronic nosehair. Doesn't mean it's good evidence.
But what if the citations are valid? What if they are, at least, credible? That's how it tends to be. Flippancy doesn't correct this.
> Your argument seems to be that the very existence of any doubt, no matter how implausible or infrequent, means we might as well all give up on the rule of law and return to monkey. Which seems a rather nihilistic take for a system that works quite well, despite the difficult trade-offs inherent in it.
Nobody said anything about "returning to monkey" -- the claim is that systems of binding precedent tend to collapse under their own weight, and eventually come to burden courts more than they help those courts. In the end, you're no better off than you are with Civil Law that isn't bound by precedent. This isn't exactly "monkey" -- it's just a different way of administrating the law, and I think time is showing that it is a superior way of administrating non-criminal law.
> The vast majority of this is lower court decisions that won't be binding precedent almost anywhere.
All the same, I think you'd be surprised how often lower court decisions are cited when they can help a case.
> But what if the citations are valid? What if they are, at least, credible? That's how it tends to be. Flippancy doesn't correct this.
But here's the thing, even 9/11 truthers tend to make claims that, on surface level, might appear 'credible' to a layman. But only to someone who doesn't know very much about the underlying subjects and is easily overwhelmed by trivialities. Lawyers and judges do actually know a lot about the law. They know how to sift through those precedents. They know what argument is taken from a binding precedent and which is from obiter dicta, and what that means for the case at hand.
Take the Supreme Court, which gets trotted about as an example of extreme partisanship. In the 2024 term (the one just finished), a plurality of cases - 42.4% - were decided completely unanimously, 9-0. 66.7% of all cases had no more than one or two dissents. In only 16.7% of cases did the decision rest on a single vote. And in only 9.09% of cases did the judges align on 'ideological lines' - 90.91% did not follow any such split.
And that's of the cases that reach the Supreme Court, which tend to be those rare cases where there is some disagreement over the law. The vast, vast majority of court decisions are by lower courts, and usually unanimous, because most things to come up before courts have a settled answer in law and precedent. A court case is not an Internet discussion where you can strip mine Wikipedia for cites and refs for some epic dunk. That approach tends to crash very fast and very hard against reality in a court.
Most law is not contentious in the way laymen tend to imagine it to be. Experts are usually in agreement about the state of the law, because most law is reasonably settled, built upon stable and well-understood precedent.
But what if the citations are valid? What if they are, at least, credible? That's how it tends to be. Flippancy doesn't correct this.
> Your argument seems to be that the very existence of any doubt, no matter how implausible or infrequent, means we might as well all give up on the rule of law and return to monkey. Which seems a rather nihilistic take for a system that works quite well, despite the difficult trade-offs inherent in it.
Nobody said anything about "returning to monkey" -- the claim is that systems of binding precedent tend to collapse under their own weight, and eventually come to burden courts more than they help those courts. In the end, you're no better off than you are with Civil Law that isn't bound by precedent. This isn't exactly "monkey" -- it's just a different way of administrating the law, and I think time is showing that it is a superior way of administrating non-criminal law.
> The vast majority of this is lower court decisions that won't be binding precedent almost anywhere.
All the same, I think you'd be surprised how often lower court decisions are cited when they can help a case.