Hard Problem of Law

The tension between certainty and justice. Law strives to be a system of clear, predictable, general rules applied equally to all (certainty). But justice often demands consideration of unique circumstances, intentions, and contexts (equity). The hard problem is that these two aims are in perpetual conflict. Applying the rule rigidly can lead to unjust outcomes in specific cases ("The letter of the law killeth"). Allowing too much discretion to judges to achieve equity destroys predictability and opens the door to bias and arbitrariness. The system can never fully satisfy both masters.

Example: A law says "No vehicles in the park," meant to ensure safety and tranquility. A rigid application would ban an ambulance entering to save a life, or a veteran's WWII jeep in a memorial display—both absurdly unjust outcomes. A judge allowing them uses discretion, but then where is the line? What about a skateboard? A remote-controlled car? The hard problem: The moment you write a rule, you create loopholes and hard cases. Law is an attempt to capture fluid human conduct in a net of fixed words, and much of what matters always slips through the holes. Hard Problem of Law.

Hard Problem of Law by Enkigal January 24, 2026