‘Legal Theory Lexicon: Scalars and Binaries’

“The law frequently requires that we answer a question ‘yes’ or ‘no’. Was the plaintiff guilty? Was the defendant negligent? Was the trial court’s finding of fact clearly erroneous? These questions seem to demand a ‘yes’ or ‘no’ answer. When an issue must be resolved in one (and only one) of two possible ways, we can call that issue ‘binary’ …” (more)

[Lawrence Solum, Legal Theory Blog, 2 August]

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