originally posted by Jayson Cohen:
originally posted by Jonathan Loesberg:
The lawyers mean that the distinction in question has no legal relevance. If there is a distinction, then, by definition, there will be a difference. If there is no difference, the two things are identical. I have no problem with lawyers giving technical definitions of their own to terms (here a difference doesn't mean just a difference but a difference that is legally pertinent). God knows philosophers and literary critics do it all the time. But that doesn't mean they aren't changing dictionary definitions for your own purpose. If I were persnickity about syntax, I could argue that "distinction without a difference" is far more a contravention against it than same difference. I won't argue that because the phrase's meaning is resonant enough so that one of my professors in grad school once gave a talk (since become a chapter in a book) in which he spoke of a difference without a distinction and everyone knew what he meant.
Does your analysis rely on a faulty premise or at least an assumption? That the distinction that is the contextual subject is the same as the difference, or that the observer of the former is the same observer of the latter or can discern the same level of granularity as the latter. If you relax one of those assumptions, it seems to me there is in principle no oxymoron, as in the legal example.
1.4 is distinct from 1.3 to me but not to a computer that truncates decimals. And let’s not even start on quantum mechanical observation. Slippery slope we’ve been down before.
Or do you think by necessity, linguistically or syntactically, distinction and difference must refer to whether somehow objectively A and B are equal or not equal.