In a recent post, I argued that Robert Bork, in an old and famous law review article, and Steven Landsburg, in a recent and now infamous blog post, were making two sides of the same point, in both cases arguing that our legal rules (and, for many of us, our moral intuitions) were inconsistent in treating essentially similar cases differently.
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Response to Bork and Landsburg
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In a recent post, I argued that Robert Bork, in an old and famous law review article, and Steven Landsburg, in a recent and now infamous blog post, were making two sides of the same point, in both cases arguing that our legal rules (and, for many of us, our moral intuitions) were inconsistent in treating essentially similar cases differently.