Post

Avatar
Some Robert Cover to consider in light of some recent decisions
Avatar
Cover’s focus was criminal law but the point generalizes. Law expresses, encodes, and distributes state power, and state power includes (though is not limited to) violence. The *intended* effect of the immunity decision is to redistribute control over violence—away from Congress, to the President.
Avatar
We shouldn’t think of law as always or even mostly a limitation on violence. At its best it is some violence for the sake of ultimately less violence. It always has a repressive edge. Quite often it is not at its best.