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Uniformity in the common law, consisting of broad principles like the "reasonable person" standard, generally permits adjustment for the circumstances. This type of uniform principle is almost synonymous with fairness. Uniform application of a detailed rule, on the other hand, will almost always favor one group over another. p. 34 ↗
Metaphor isn't just decorative language. If it were, it wouldn't scare us so much. . . . Colorful language threatens some people, who associate it, I think, with a kind of eroticism (playing with language in public = playing with yourself), and with extra expense (having to sense or feel more). I don't share that opinion. Why reduce life to a monotone? Is that truer to the experience of being alive? I don't think so. It robs us of life's many textures. Language provides an abundance of words to keep us company on our travels. But we're losing words at a reckless pace, the national vocabulary is shrinking. Most Americans use only several hundred words or so. Frugality has its place, but not in the larder of language. We rely on words to help us detail how we feel, what we once felt, what we can feel. When the blood drains out of language, one's experience of life weakens and grows pale. It's not simply a dumbing down, but a numbing. ↗
