[FRIAM] anthropological observations

[uǝlƃ ☣]

My experience is that the cops have a LOT of preferential enforcement power. And my black friends seem to agree (inverse experiences). And it's not clear to me that this selective enforcement stops at the sheriffs and beat cop layer. I think many places have the leeway to "decriminalize" things like low volume marijuana possession up to federal attorneys general choosing not to focus on some categories like RICO or whatever.

As our SCOTUS demonstrates on a regular basis, despite being a country of laws, the interpretation of such laws is convoluted at best. We may *think* we fetishize the law, but it's delusional because a law isn't a law until it's challenged in court. And even then, it's subject to revision later ... depending on how many beers Brett Kavanaugh had last night.

On 4/14/20 9:41 AM, Prof David West wrote:
> Venturing an opinion —
> 
> The State put a traffic signal at an intersection because (anthropomorphizing here) The State determined that a number of factors (sight lines, traffic volume, ...) made it advisable to regulate the flow of traffic.
> 
> The State also made an assumption about the typical driver — they are incapable of making an evaluative decision with regard all those factors and therefore their behavior must be controlled by mandating stopping at a red light.
> 
> The State also makes the assumption that the average highway patrol person either lacks the right (only judges may interpret the law) or the capability to decide if issuing a ticket at 3 am is reasonable. The Law is the Law. This is Fetishizing the Law.
> 
> In the case of the traffic signal, the assumptions made about typical drivers and highway patrol persons are probably not unreasonable.
> 
> In the case of off-label meds, it would seem much more reasonable to assume that the typical physician IS capable of making an evaluative decision and should therefore be supplied with as much information as possible in support of that decision. This is what I believe I observed in Europe.
> 
> In contrast, what I believe I am seeing in the US response nothing more than "The Law Is The Law."

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