Our hope is to come up with a systematic analysis of this phenomenon, which we call "inequitable enforcement", to link it to the existing literature on police discretion, underenforcement, and pretextual arrests/stops, and to examine the possibility of making a successful legal argument against enforcement that may be legal, but feels unfair.We've chosen the term "inequitable enforcement" because we really like how it ties to the concept of equity; in this… [read post]

Apparently so, and Darien Shanske illuminates Hegel's thought on the topic in Hegel and the Justification for Arbitration in a Modern State, a new article forthcoming in the Journal of American Arbitration (December 2007). [read post]