Hey agip, I know you're a political junkie; nerd. Came across this in Hofstadter's Godel, Escher, Bach.
A fascinating area where hierarchies tangle is government-particularly in the courts.
Ordinarily, you think of two disputants arguing their cases in court, and the court
adjudicating the matter. The court is on a different level from the disputants. But strange
things can start to happen when the courts themselves get entangled in legal cases.
Usually there is a higher court which is outside the dispute. Even if two lower courts get
involved in some sort of strange fight, with each one claiming jurisdiction over the other,
some higher court is outside, and in some sense it is analogous to the inviolate
interpretation conventions which we discussed in the warped version of chess.
But what happens when there is no higher court, and the Supreme Court itself gets
all tangled up in legal troubles? This sort of snarl nearly happened in the Watergate era.
The President threatened to obey only a "definitive ruling" of the Supreme Court-then
claimed he had the right to decide what is "definitive". Now that threat never was made
good; but if it had been, it would have touched off a monumental confrontation between
two levels of government, each of which, in some ways, can validly claim to be "above"
the other-and to whom is there recourse to decide which one is right? To say "Congress"
is not to settle the matter, for Congress might command the President to obey the
Supreme Court, yet the President might still refuse, claiming that he has the legal right to
disobey the Supreme Court (and Congress!) under certain circumstances. This would
create a new court case, and would throw the whole system into disarray, because it
would be so unexpected, so Tangled-so Strange!
The irony is that once you hit your head against the ceiling like this, where you
are prevented from jumping out of the system to a yet higher authority, the only recourse
is to forces which seem less well defined by
Strange Loops, Or Tangled Hierarchies688
rules, but which are the only source of higher-level rules anyway: the lower-level rules,
which in this case means the general reaction of society. It is well to remember that in a
society like ours, the legal system is, in a sense, a polite gesture granted collectively by
millions of people-and it can be overridden just as easily as a river can overflow its
banks. Then a seeming anarchy takes over; but anarchy has its own kinds of rules, no less
than does civilized society: it is just that they operate from the bottom up, not from the
top down. A student of anarchy could try to discover rules according to which anarchic
situations develop in time, and very likely there are some such rules.
An analogy from physics is useful here. As was mentioned earlier in the book,
gases in equilibrium obey simple laws connecting their temperature, pressure, and
volume. However, a gas can violate those laws (as a President can violate laws)-provided
it is not in a state of equilibrium. In nonequilibrium situations, to describe what happens,
a physicist has recourse only to statistical mechanics-that is, to a level of description
which is not macroscopic, for the ultimate explanation of a gas's behavior always lies on
the molecular level, just as the ultimate explanation of a society's political behavior
always lies at the "grass roots level". The field of nonequilibrium thermodynamics
attempts to find macroscopic laws to describe the behavior of gases (and other systems)
which are out of equilibrium. It is the analogue to the branch of political science which
would search for laws governing anarchical societies.
Other curious tangles which arise in government include the FBI investigating its
own wrongdoings, a sheriff going to jail while in office, the self-application of the
parliamentary rules of procedure, and so on. One of the most curious legal cases I ever
heard of involved a person who claimed to have psychic powers. In fact, he claimed to be
able to use his psychic powers to detect personality traits, and thereby to aid lawyers in
picking juries. Now what if this "psychic" has to stand trial himself one day? What effect
might this have on a jury member who believes staunchly in ESP? How much will he feel
affected by the psychic (whether or not the psychic is genuine)? The territory is ripe for
exploitation-a great area for selffulfilling prophecies.