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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 and left as their legacy these magnificent edifices of legal idiom: [[deeming]]; [[fungibility]]; [[equivalence]]; the ''[[hypothetical]]''. | 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 and left as their legacy these magnificent edifices of legal idiom: [[deeming]]; [[fungibility]]; [[equivalence]]; the ''[[hypothetical]]''. | ||
For where to “[[amend]]” is to assert the ''identity'' of a unitary something that may ''[[change]]'' over a period of time but all the same has existential continuity; to “[[deem]]” is to assert the momentary ''non''-identity of | For where to “[[amend]]” is to assert the ''identity'' of a unitary something that may ''[[change]]'' over a period of time but, all the same, has existential ''continuity''; to “[[deem]]” is to assert the momentary ''non''-identity of two things notwithstanding their failure to have any differentiating form, feature or function. It is to say, “these things ''are'' the same, but they are ''not''”; or “these things are ''not'' the same, but yet they ''are''”. | ||
It is to take Theseus’ ship to a whole other realm of [[Ontology|ontological]] [[redundancy]]. | It is to take Theseus’ ship to a whole other realm of [[Ontology|ontological]] [[redundancy]]. | ||
Why do we [[legal eagles]] talk in such convoluted ways? Because it was ever so. So much water has passed before us that it has become not how we ''speak'' but how we ''think''. These are our gods and monsters. This is the fabric from which our legal world is woven. This essential [[Subjunctive|subjunctivity]]; this fixation with a [[hypothetical]] state of being one ''would be in'' were it not for the inconvenient state one actually ''is in'', is foundational to the [[legal eagle]]’s torturous psyche. | You might wonder why we bother. The [[JC]] certainly does. Why ''do'' we [[legal eagles]] talk in such convoluted ways? | ||
Because it was ever so. So much water has passed before us that it has become not how we ''speak'' but how we ''think''. These are our gods and monsters. This is the fabric from which our legal world is woven. This essential [[Subjunctive|subjunctivity]]; this fixation with a [[hypothetical]] state of being one ''would be in'' were it not for the inconvenient state one actually ''is in'', is foundational to the [[legal eagle]]’s torturous psyche. | |||
The [[noun]] form of deem; the act of ''deeming'' something, is “demption”. | The [[noun]] form of deem; the act of ''deeming'' something, is “demption”. | ||