loqi comments on Ethics of Jury nullification and TDT? - Less Wrong

10 Post author: Psy-Kosh 26 October 2010 09:01PM

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Comment author: loqi 28 October 2010 01:00:26AM 0 points [-]

But if humans deemed this optimal, it would not be possible to have a "rule of law" system, where there are definite laws, and people can know when they're breaking them, and which disallows favoritism.

The consequent here is independent of the antecedent - I don't think the system you describe is possible under either circumstance.

While it may appear that it's a chance to shift utility toward people you like, your deciding to do so has broader implications.

So at the very least you should say upfront that you regard it as optimal to nullify unjust laws, which will get you tossed out of the pool but otherwise unhurt.

I'm not seeing how this follows without some additional value judgments. You're basically saying "Widespread nullification would fuck up the legal system, so don't do it", instead of "... so beware of the trade-offs involved".

Comment author: SilasBarta 28 October 2010 03:39:43AM 0 points [-]

The consequent here is independent of the antecedent - I don't think the system you describe is possible under either circumstance.

Not perfectly, no, but any decent approximation has the norm I described (that you shouldn't use your discretion to favor lawbreakers simply because that would make the law closer to what you personally desire) as a pre-requisite -- I don't see how it would be otherwise.

I thought that's what what I was doing with:

While it may appear that it's a chance to shift utility toward people you like, your deciding to do so has broader implications.