I saw it as "epi" in the sense that it started out NOT as part of the
legal system and emerged as a technique which eventually got
formalized. Perhaps you are accurate that this transition moved it
from epi to first-class, but I see it as having emergent/epi origins?
I didn't decode Jon's URL far enough to determine if he cut/pasted it in
the middle of an edit attempt or not... I *do* often, myself read the
"talk" pages of a wikipedia page when I'm curious about whether certain
controversial issues have been discussed about the page.
On 11/11/21 9:25 AM, uǝlƃ ☤>$ wrote:
How is it epi? In both the SLAPP case and the SB8 case, it's a directly targeted effect.
And it has a long history in prior things like informal policies for segregation and
other law-gaming. There's no "epi" here.
And what's with that Wikipedia link? Were you trying to edit the page but your
auth attempt failed?
On 11/11/21 8:02 AM, Jon Zingale wrote:
"Chilling Effect", now that's good epiphenomena. By that, I suppose I
mean that "chilling effect" is more general than a simple gag or
restraining order, it aims to inhibit or dissuade behavior. The content
of chilling seems to live in the question of "why should a legal system
dissuade or inhibit legal actions"? My first impression is that such a
need arises in any legal system that is ultimately too rigid and unwieldy
(or too ill-founded) to rigorously target the subject of its domain. So,
probably, every non-trivial legal system.
On the one hand, "chilling" seems a natural choice for better fitting
the letter of the law to its "spirit", but doing so also creates a lever
connecting goals to functions (a la' Charles and Thompson):
https://en.wikipedia.org/wiki/Chilling_effect#:~:text=13%5D%5Bfailed%20verification%5D-,Chilling%20effects%20on%20Wikipedia%20users,-%5Bedit%5D
<https://en.wikipedia.org/wiki/Chilling_effect#:~:text=13%5D%5Bfailed%20verification%5D-,Chilling%20effects%20on%20Wikipedia%20users,-%5Bedit%5D>
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