By T.Berndt

American Tanks of worldwide struggle II

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By the terms of the fallacy, the legal forms of this “logic” (borne to market in the argot of equity, credit, debt, liability, contract) work like chemical reactions and mathematical theorems. Legal certainty, as many nineteenth-century jurists warned, collapses legal causation into scientific causation. In “The Path of the Law,” written in 1897, a mere seven years after the Supreme Court’s pivotal reconfiguration of property, Oliver Wendell Holmes cautions against the belief that logic is the only force at work in the law.

Apart from the complex development and the certainty of the law. The law is the Latin of the market, just as the language of money and price is the Vulgate. . The modern capitalist market without the law is as little feasible as the church without religion. The courts are the church, the law the canon of everyday life, jurisprudence the theology. (Corporate Reconstruction, 86– 87) The expectation of stable market value. The property right to an unchanging world. The certainty of the law. The importance of the “letter of the law,” its significance as a reservoir of certainty, intensified as the law’s perceived need to conceive of property in terms of bounded, tangible land began to wane.

Competing lines of precedent are available to support various specific results or determinations. These precedents are themselves quite malleable and lead to efforts to develop more or less coherently organized complexes of thought and argument. 22 Holmes’s emphasis on property’s basis in unspoken preferences (“an inarticulate and unconscious judgement”) effectively denies the f u g i t i v e s o u n d 37 claims of the legal system to logical or “mathematical” certainty and emphasizes, in turn, the primacy of property’s semiotic attachments.

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