I was very surprised to read that US Judge Richard Posner advocates secret trials for terrorists. Obviously, attendees at the Australian Bar Association were surprised too. I don’t agree with Posner’s view: it is vital that trials take place in public, with due process. I had always thought Posner was a libertarian at heart. He is, of course, the doyen of the Law and Economics field.
As I have said before, I once briefly dated a guy who was a libertarian with a law and economics bent. As I argued back then, the problem I have with law and economics is that it presumes people are rational and will act in ways which are self-interested. I think human beings are much more complicated than that. We don’t always behave in rational ways. If we did, society would be much easier to fix, but life would be much more boring.
Funnily enough, that guy later got into New Age stuff…thus proving my point. I believe he does work with crystals (or something like that) these days. On the odd occasions I see him (about once a year), I’m tempted to question him on how he reconciles his ultra-rational past with his ultra-irrational present, but in the end, meh, live and let live.