The Illusion of Simplicity: An Explanation of Why the Law Can't Just Be Less Complex
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2000
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American English
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Abstract
The discussion below begins by inventorying some of the forms of complexity in the law and then introducing some of the complications of legal complexity. After a brief nod in the direction of complex liti- gation4 and complexity theory in mathematics and science," we contrast Lon Fuller's discussion of 'polycentricity' with Richard Epstein's emphasis on the costs of complying with some legal provision. We then focus on legal complexity as a matter of sheer number. In particular, we consider complexity as a matter of the sheer number of elements or components of a legal code or system, the number of as- sumptions underlying a legal rule, the number of proscriptions imposed upon legal actors, and the number of distinctions or exceptions
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27 Florida State University Law Review 715
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Article