The Corner

‘Interesting cases make bad law’

One more reader response, this one comes closest to convincing me that I’m a bleeding-heart nanny-state liberal (are there rehab programs for that sort of thing?):

What makes this particular case interesting is that the firefighters were already there, so there was the possibility of an on-the-spot deal being negotiated.  What makes it more interesting was that the firefighters had no legal right to negotiate such a deal. Moreover, the homeowner who said he would pay whatever they wanted to put out the fire was not telling the truth.  

To see this, suppose the firefighters replied “We are authorized to go ahead and put out the fire, but the cost will be everything you own, including the house.”  Do you think he would accept?  Of course not. So what he was really willing to offer was to pay reasonable costs.  But he already had an opportunity to do the reasonable thing by signing up in advance, and declined.  So why should anyone get outraged when he gets what’s coming to him?  As far as I can see, the only plausible source of outrage was that he didn’t realize in advance how severe the penalty might be.

One nit to pick: Surely some very broad conception of “reasonableness” is already built into the homeowner’s promise to pay “whatever” it costs.

Most Popular

Immigration

What Now for Trump’s Border Wall?

The verdict on the U.S.–Mexico border wall President Trump promised to construct is decidedly mixed as the year comes to a close. The “big, beautiful wall,” as Trump referred to it, reached 400 miles in length by the end of October, when the Department of Homeland Security held a ceremony hailing the ... Read More
Immigration

What Now for Trump’s Border Wall?

The verdict on the U.S.–Mexico border wall President Trump promised to construct is decidedly mixed as the year comes to a close. The “big, beautiful wall,” as Trump referred to it, reached 400 miles in length by the end of October, when the Department of Homeland Security held a ceremony hailing the ... Read More
White House

A Justified Pardon

President Trump’s pardon of retired General Michael Flynn, who fleetingly served as his first national-security adviser, was a justified act of clemency. You don’t have to be a fan of how Trump has wielded his pardon power (often recklessly and on behalf of friends and supporters) or believe that Flynn was ... Read More
White House

A Justified Pardon

President Trump’s pardon of retired General Michael Flynn, who fleetingly served as his first national-security adviser, was a justified act of clemency. You don’t have to be a fan of how Trump has wielded his pardon power (often recklessly and on behalf of friends and supporters) or believe that Flynn was ... Read More
Culture

New England Journal of Medicine Pushes Reparations

Reparations would grant African Americans government benefits not paid to other Americans to rectify the awful sin of slavery and the "peculiar institution's" residual harm. It is a favored policy of hard progressives, so of course, the New England Journal of Medicine -- which regularly promotes left-wing causes ... Read More
Culture

New England Journal of Medicine Pushes Reparations

Reparations would grant African Americans government benefits not paid to other Americans to rectify the awful sin of slavery and the "peculiar institution's" residual harm. It is a favored policy of hard progressives, so of course, the New England Journal of Medicine -- which regularly promotes left-wing causes ... Read More

The New GOP

Ronald Reagan was dubbed the “Great Communicator.” Donald Trump might well be labeled the “Great Accelerator.” U.S. politics was polarized before President Trump, with both coalitions motivated mostly by fear of each other. We have gotten more polarized since Trump rode down that escalator. The Upper ... Read More

The New GOP

Ronald Reagan was dubbed the “Great Communicator.” Donald Trump might well be labeled the “Great Accelerator.” U.S. politics was polarized before President Trump, with both coalitions motivated mostly by fear of each other. We have gotten more polarized since Trump rode down that escalator. The Upper ... Read More

The Imaginary Trump

Like Andrew Jackson, Donald Trump is man who represents the age in which he lived. Whatever you may think of the age. Jackson embodied a generation of men who had risen and made their mark in a young country. He represented their desire for greater representation, even if it had costs for slaves and Indians. He ... Read More

The Imaginary Trump

Like Andrew Jackson, Donald Trump is man who represents the age in which he lived. Whatever you may think of the age. Jackson embodied a generation of men who had risen and made their mark in a young country. He represented their desire for greater representation, even if it had costs for slaves and Indians. He ... Read More