Friday, October 21, 2005

Volokh SSM Debate

Well, Maggie Gallagher's week of SSM debate is over. It ends with this:

No time to introduce you to the joys of theories of the cognitive nature of social institutions, the relevance of the New Institutionalist Economics understanding of isomorphic institutional change, the developing legal pressures in Canada to repress opposition to its new normative understanding of marriage, or even why I think the most likely outcome of same-sex marriage is not polygamy but the end of marriage as a legal status.

Which is to say, "I saved all my really good arguments this week for the end and oops, I've run out of time!"

I read her arguments, the threads they generated etc. First let me says it was fairly gutsy on her part to do this at all. Sure, Volokh is generally read by conservatives, but they are conservative lawyers and as such are pretty good at the process of debate. I give her a lot of credit for volunteering for this. If I were more cynical than I actually am, I might think this was a plot to trot out weak arguments and have them strengthened by debate. I'm not really that cynical though and, of course, that's not what happened.

Update: I had written a kind of rambling entry about why I thought she hadn't made her point. However, in reading through the comments, I found someone had articualted it better.

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