Abstract

http://ssrn.com/abstract=2157804
 


 



The Law is a Fractal: The Attempt to Anticipate Everything


Andrew Stumpff Morrison


University of Michigan Law School; University of Alabama Law School

March 1, 2013

44 Loyola University Chicago L.J. 649 (2013)
U of Michigan Public Law Research Paper, No. 292

Abstract:     
Define an inappropriate rule as a rule that, if followed literally, would in at least some cases produce results that can be concluded with reasonable certainty to have been unintended by and unacceptable to even the rule’s author. Even under this definition, it is impossible for a rule writer to write an appropriate and objective rule to cover every situation in advance. Rule-writers nonetheless act today as though they were unaware of this long-acknowledged impossibility of perfect advance enumeration, and their persistent attempts to achieve it have imposed enormous, under-recognized costs on regulated populations.

Number of Pages in PDF File: 33

Keywords: jurisprudence, fractal, vehicles in the park, open texture, determinacy, penumbra, vagueness, specificity, complexity, rule style, tax law, employee benefits, pensions, legal realism, positivism, formalism, textualism, legal philosophy

JEL Classification: K40, K20, H20, I18, K34, J26

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Date posted: October 6, 2012 ; Last revised: January 2, 2014

Suggested Citation

Morrison, Andrew Stumpff, The Law is a Fractal: The Attempt to Anticipate Everything (March 1, 2013). 44 Loyola University Chicago L.J. 649 (2013); U of Michigan Public Law Research Paper, No. 292. Available at SSRN: http://ssrn.com/abstract=2157804

Contact Information

Andrew Stumpff Morrison (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
University of Alabama Law School
101 Paul W. Bryant Dr.
Box 870382
Tuscaloosa, AL 35487
United States
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