ABSTRACT

The force of law consists in its latent ability to affect mind-change. This ability is realized through the looping effects set up between the possibility of force under the law and the play of reason within law's subjects. Private parking deals can stand alongside Fineburg's municipal lots, as when people who live close to a baseball stadium offer their driveways or yards for an often escalated price. In Fineburg, the parking situation is regulated by law. A private service such as Uber can stand alongside a municipally regulated taxi service— whose fixed "prices" are actually tariffs— and charge amounts that the market will bear. The best legal system money can buy might be, minimally, a functioning legal system. The root of any confusion about the price/fine distinction is money, since it fosters a dangerous illusion that the law and its sanctions are subject to price.