Balkin argues that “legal truth” can shape perceptions and sometimes lead the actual truth into becoming what the law prefers to believe for the betterment of the world. But the problem with that is misrepresenting reality by too great a margin willfully ignores real effects. It creates artificial blinkers that cause legal responses to diverge from the actual situation. Therefore the choice of a legal truth ought take into account what happens next.
Saturday, June 18, 2011
There's Reality and Legal Truth
And if they diverge too widely, there are problems.
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