Glen -
Thanks for this example/analysis... it seems to be an example of how the
vernacular creeps upward (capillary action?) into the formal and even
legal. I assume judicial scholars have entire library shelves on the
topic of how this happens, how to recognize it, how to effect or
mitigate it. It seems like it is also likely a mechanism leading to
eventual collapse in the game of "punctuated equilibrium".
- Steve
So, I'd thought the conversations around SB8's "chilling effect" on abortion
providers was merely a vernacular expression, not a legal one. E.g.
https://reason.com/volokh/2021/11/02/limiting-principles-and-sb8/
But it looks to this non-lawyer like anti-SLAPP laws, explicitly punishing law-gaming,
targets a "chilling effect" directly. E.g.
https://theintercept.com/2021/11/10/proud-boys-antifascist-tweet-chad-loder-court/
Chilling free speech, which is an explicit right, has a different status than
chilling abortion, which is only a derived right. But that chilling is
explicitly considered at all. It evokes, for me, some sophisticated ethical
considerations around scalable relations, from interpersonal up to corporate
policies up to constitutional law ... maybe even down to eusocial genetics.
That a bureaucratic technology might be a mechanism for navigating/scaling
persnickety ethical issues is pretty interesting.
.-- .- -. - / .- -.-. - .. --- -. ..--.. / -.-. --- -. .--- ..- --. .- - .
FRIAM Applied Complexity Group listserv
Zoom Fridays 9:30a-12p Mtn UTC-6 bit.ly/virtualfriam
un/subscribe http://redfish.com/mailman/listinfo/friam_redfish.com
FRIAM-COMIC http://friam-comic.blogspot.com/
archives:
5/2017 thru present https://redfish.com/pipermail/friam_redfish.com/
1/2003 thru 6/2021 http://friam.383.s1.nabble.com/
