In this view, the hard questions about law, the ones that make it all the way to the Supremes, are left indeterminate by the axioms. The justices are thus in the same position Pascal was when he found he couldn’t reason his way to any conclusion about God’s existence. And yet, as Pascal wrote, we don’t have the choice not to play the game. The court must decide, whether it can do so by conventional legal reasoning or not. Sometimes it takes Pascal’s route: if reason does not determine the judgment, make the judgment that seems to have the best consequences.
