Law and Liberty


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Reading these two articles in conjunction is deeply unsettling.

A researcher with King’s College London has examined how three LLMs – GPT-5.2, Claude Sonnet 4, and Gemini 3 Flash – behave during a variety of simulated nuclear crisis games. The results show that LLMs tend to use nuclear weapons more often and earlier than humans in the same scenarios.

A striking pattern emerges from the full action distribution: across all action choices in our 21 matches, no model ever selected a negative value on the escalation ladder. The eight de-escalatory options (from Minimal Concession (−5) through Complete Surrender (−95)) went entirely unused. The most accommodating action chosen was “Return to Start Line” (0), selected just 45 times (6.9%).

AI Arms and Influence: Frontier Models Exhibit Sophisticated Reasoning in Simulated Nuclear Crises

For days, Anthropic and the Pentagon had been locked in an escalating battle over how cutting-edge artificial intelligence technology would be used, and how it could aid military operations. The Pentagon demanded that Anthropic provide unfettered access to its A.I. system without the safeguards the company wanted.

Trump Orders Government to Stop Using Anthropic After Pentagon Standoff

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How Portland’s ICE protests took the national stage (Oregon Public Broadcasting)

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The ideal subject of totalitarian rule is not the convinced Nazi or communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.

—Hannah Arendt, The Origins of Totalitarianism

Survival Tips

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I plan to use this blog for organizing my thoughts on principles of law, liberty, and how to conceptualize the relationship between them. How to identify and support their core principles and elements.

But not today. Today I’m operating on a much more basic level.

I’m borrowing the title of this post from a regular segment of the excellent Points of Return investment newsletter by John Authers.

Some Survival Tips I’m thinking about today, none of them particularly original.

I’m reminded of Raymond Chandler’s description of the private detective in his 1944 essay The Simple Art of Murder for The Atlantic (with apologies for the gendered phrasing).

But down these mean streets a man must go who is not himself mean, who is neither tarnished nor afraid.

A Start for Lex et Libertas

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My goal to use Lex et Libertas as a place develop and share ideas on the critical role the rule of law plays in securing liberty for individuals, groups, and societies at a time when illiberal forces are engaged in a concerted effort to undermine law, institutions, and frequently the concept of truth itself. These are interrelated.

Terminology

“Lex,” in the context of this site, refers to law, and in particular the concept of the rule of law. It includes the core principles, which will be explored in future posts, that the law applies equally to all, that public power is exercised transparently and within legal frameworks, that rights and obligations are clear and predicable, that individuals have meaningful access to enforce rights and obtain remedies, and that judges and courts are impartial, professional, ethical, and free from political, ideological, or partisan bias.

“Libertas” reflects freedom from oppression, self-determination and autonomy, equality of treatment and opportunity, freedom of expression, and security from violence by either the state or other individuals.

My starting premise is that the rule of law is the best framework we have developed to secure the individual and societal benefits of liberty.

Why Now?

As mentioned above, the rise of illiberalism has advanced in parallel with the undermining of law, institutions, and individual liberties. This assault is often blurred and obscured by the misuse and inversion of terms like freedom, liberty, and constitutionalism, together with a flood of falsehoods, conspiracy theories, and related tactics to untether populations from notions of objective and provable truth and the practice and habit of critical reasoning.

This is not accidental. Through both instinct and design, the champions of illiberalism use these techniques to erode and overwhelm both public institutions and private critical reasoning with the aim of arrogating power, accumulating oligarchic wealth, crushing opposition, and smashing guardrails and checks on arbitrary self-dealing and autocracy.