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re: Lawfare: how is this defined, and how can it be (legally) stopped?
Posted on 4/26/24 at 5:07 pm to SlowFlowPro
Posted on 4/26/24 at 5:07 pm to SlowFlowPro
quote:
It goes without saying that "lawfare" is a newfound term that is thrown around with varying definitions, given the context
Agree
quote:
So can we give a universally agreed-upon definition of "lawfare"?
No. It is effectively-- and perhaps technically-- best considered a slang word (even if it's a slang word more generally utilized by a better educated group of people than slang words are generally attributed to). As a slang word, it will inherently have a somewhat elastic meaning in contrast to something specific like "toxic tort".
Even terms like "show trial"-- which is a variant of lawfare-- has a slang-like quality that resists the specificity that you're trying to impose on "lawfare" itself. For example, to many, both the Jan 6 hearings and prosecutions have been a type of show trial intended to dissuade people from standing up to the govt. To the other side, these are justified proceedings which hold a valid end.
If you can't reach a consensus on the validity of some trials, you cannot reach a consensus on what lawfare is either (as they're inherently intertwined). It is thus an open-ended philosophical question compared to a closed-ended philosophical question.
To be clear, lawfare is a real thing... Unequal application of the law (one party getting prosecuted for an offense when the other does not), show trials, cases designed purely to slow down a political opponent are all examples of lawfare. But it is a matter of discernment and personal opinion to define it. There's no way around that, and it will impede your intention of pinning it down. This is partly a function of people having unequal facility at perception and discernment (some people are sheep and not everyone can be Goethe); and is also a function of the dishonesty of some people who promote and / or support lawfare activity.
Posted on 4/26/24 at 5:28 pm to epbart
quote:
If you can't reach a consensus on the validity of some trials, you cannot reach a consensus on what lawfare is either (as they're inherently intertwined). It is thus an open-ended philosophical question compared to a closed-ended philosophical question.
That was eventually going to be a major point I was going to make. Legitimacy seems to be one of the variables for most people that distinguishes things, but the determination of legitimacy seems to be a very personal and very subjective matter. That's where the problems come with creating a definition.
There's a fine line which we've already seen in this thread where making legitimacy arguments effectively opens up the door to revisit all sorts of things that they did not intend to do.
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