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Notes -
I think a key crux here is:
Is the current system an imperfect attempt to instantiate Rule of Law, which fails, which falls short, because perfection is beyond the reach of flawed humans?
Or is it a scam? Are its promised rights lies?
I can see, in the abstract, how there's kind of a muddy middle here where different people might draw the line between those categories differently. But I don't know how anyone can look at the facts in the OP and honestly maintain that this is an attempt to be evenhanded. The thumbs on the scale are too regular, too predictable, and too weighty for me to dismiss them as noise.
Whether we have a right to life, liberty, the pursuit of happiness, guns, free speech, or whatever else seems pretty clearly to be an axiomatic moral argument, not a factual one. Ought, not Is.
This comment from two years back lays out what I think is a pretty solid argument for the nature of the problem:
And the answer elaborated in the rest of the comment comes down to explaining why loopholes are in fact not a generally-manageable problem in rules design. The lie and scam comes from the idea that you can write down a legible definition of rights, and then right down a legible set of rules about how to adjudicate disputes over them, and then by following these rules the rights will be secured, and thus the processes and outputs we observe are simply The Way The Rules Are. Our society is built on the idea that rules work this way, but they really don't.
You can make a set of rules that work when people generally want them to work. Making a set of rules that work when people don't want them to work is probably impossible. Incompatible values results in a lot of people not wanting the rules to work any more, so they don't. There's a term that Moldbug came across awhile back: "manipulation of procedural outcomes". It's one of the most perfect political terms I've ever encountered, and the perfect encapsulation for the nature of the problem. Rules, procedures, exist to secure outcomes, but can be manipulated. Once you grok that, everything else follows with the crushing inevitability of a glacier.
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