[FRIAM] "chilling effect"

[thompnickson2 at gmail.com]

Evolution is replete with examples where a bug becomes a feeechah.  

n

Nick Thompson
ThompNickSon2 at gmail.com
https://wordpress.clarku.edu/nthompson/

-----Original Message-----
From: Friam <friam-bounces at redfish.com> On Behalf Of Steve Smith
Sent: Thursday, November 11, 2021 11:44 AM
To: friam at redfish.com
Subject: Re: [FRIAM] "chilling effect"

I saw it as "epi" in the sense that it started out NOT as part of the legal system and emerged as a technique which eventually got formalized.   Perhaps you are accurate that this transition moved it from epi to first-class, but I see it as having emergent/epi origins?

I didn't decode Jon's URL far enough to determine if he cut/pasted it in the middle of an edit attempt or not...  I *do* often, myself read the "talk" pages of a wikipedia page when I'm curious about whether certain controversial issues have been discussed about the page.

On 11/11/21 9:25 AM, uǝlƃ ☤>$ wrote:
> How is it epi? In both the SLAPP case and the SB8 case, it's a directly targeted effect. And it has a long history in prior things like informal policies for segregation and other law-gaming. There's no "epi" here.
>
> And what's with that Wikipedia link? Were you trying to edit the page but your auth attempt failed?
>
> On 11/11/21 8:02 AM, Jon Zingale wrote:
>> "Chilling Effect", now that's good epiphenomena. By that, I suppose I 
>> mean that "chilling effect" is more general than a simple gag or 
>> restraining order, it aims to inhibit or dissuade behavior. The 
>> content of chilling seems to live in the question of "why should a 
>> legal system dissuade or inhibit legal actions"? My first impression 
>> is that such a need arises in any legal system that is ultimately too 
>> rigid and unwieldy (or too ill-founded) to rigorously target the 
>> subject of its domain. So, probably, every non-trivial legal system.
>>
>> On the one hand, "chilling" seems a natural choice for better fitting 
>> the letter of the law to its "spirit", but doing so also creates a 
>> lever connecting goals to functions (a la' Charles and Thompson):
>>
>> https://en.wikipedia.org/wiki/Chilling_effect#:~:text=13%5D%5Bfailed%
>> 20verification%5D-,Chilling%20effects%20on%20Wikipedia%20users,-%5Bed
>> it%5D 
>> <https://en.wikipedia.org/wiki/Chilling_effect#:~:text=13%5D%5Bfailed
>> %20verification%5D-,Chilling%20effects%20on%20Wikipedia%20users,-%5Be
>> dit%5D>
>


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