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}}To [[deem]] is the anti-[[Bob Cunis|Cunis]]; it is to treat one thing ''as'' the other. It enfolds all a [[legal eagle]]’s intents and every one of her purposes. | }}To [[deem]] is the anti-[[Bob Cunis|Cunis]]; it is to treat one thing ''as'' the other. It enfolds all a [[legal eagle]]’s intents and every one of her purposes. | ||
It is of a piece with the [[equivalence]] we | It is of a piece with the [[equivalence]] we crave when, under a [[stock loan]], we return an asset that ''is'', but simultaneously ''is not'', the one we borrowed. | ||
It is the means by which we [[get comfortable]] saying the [[eurobond]] we hold, being [[Fungible|of the same type and class, that forming part of the same series as]] but all the same, [[ontologically]], distinct from, the one we have in mind security is, nonetheless, “the same”. We [[deem]] it the same. | |||
These apocalyptic horsemen line up on the ridge and gaze across the ontological chasm. Lined up and marshaled against them are all those that ''[[amend]]'', ''[[supplement]]'' or ''modify''. Deep in the [[abyss]] below flows the monstrous River Pedantry whose [[Tedium|tedial]] silted washings have, over millennia, carved out this canyon leaving as their legacy these magnificent craggy edifices of legal idiom. | We apply the same sort of [[The farmer and the sheep|Heath Robinson logic]] to a liability we say is in “[[an amount equal to]] the amount borrowed” — as if in some ineffable way that is different from a liability ''being'' the amount borrowed. | ||
These [[Apocalypse|apocalyptic horsemen]] line up on the ridge and gaze across the ontological chasm. Lined up and marshaled against them are all those that ''[[amend]]'', ''[[supplement]]'' or ''modify''. Deep in the [[abyss]] below flows the monstrous River Pedantry whose [[Tedium|tedial]] silted washings have, over millennia, carved out this canyon leaving as their legacy these magnificent craggy edifices of legal idiom. | |||
For where to “[[amend]]” is to assert the ''identity'' — the continuing legal existence, even — of a unitary something that is in a way ''[[Change|changed]]'' over a period of time, to “[[deem]]” is to assert the momentary ''non''-identity of something that, in every legally material way, has not. It is to take Theseus’ ship to a whole other realm of [[Ontology|ontological]] [[redundancy]]. | For where to “[[amend]]” is to assert the ''identity'' — the continuing legal existence, even — of a unitary something that is in a way ''[[Change|changed]]'' over a period of time, to “[[deem]]” is to assert the momentary ''non''-identity of something that, in every legally material way, has not. It is to take Theseus’ ship to a whole other realm of [[Ontology|ontological]] [[redundancy]]. | ||