In Star Wars Episode 3, Obi-Wan Kenobi says that “Only a Sith deals in absolutes.” (Yes, it seems contradictory for a Jedi to assert so absolutely that only a bad-guy Sith would peddle in simplistic worldviews.) But like the Sith (and apparently Obi-Wan himself), the law at least frequently deals in absolutes. Typically, people are either negligent and owe full compensation or not and owe nothing. They are either guilty and must serve at least a minimum sentence or not and go home free. In many places, if you deal drugs 999 feet away from school, your sentence is substantially enhanced but if you were 1001 feet away, it’s not.
I wrote about the topic in general terms in a paper called Smooth and Bumpy Laws. In a new draft paper, I consider the smooth and bumpy features of criminal law in particular.
Posted by Adam Kolber on November 25, 2015 at 12:18 PM