Tentacular Jurisprudence: A Working Document

[For Internal Circulation Only – Not for Citation]

I. PREAMBLE

The public insists the law be written down. That the law is the letters and the words that reside in statutes, codes, constitutions and acts. They believe governance begins and ends with words voted upon, inked onto parchment, stored in archives.

This is, at best, a half-truth.

The law is not the text. The law is the network—and that network does not sit still. It coils, contracts, stretches, and constricts. To work within it, one must learn not the statutes, but the tentacles.

II. ANATOMY OF THE TENTACLE

A tentacle begins as a favor. The smallest ones—clerks recommending clerks, aides passing notes to aides—curl unnoticed. They anchor in nothing stronger than politeness or convenience.

Given time, the favours feed. A recommendation matures into a debt. A debt matures into an obligation. An obligation matures into a quiet veto, a withheld grant, a committee meeting that does not make the docket.

The tentacles thicken with earned muscle.

What the citizen sees is process. What the practitioner feels is constriction.

Tentacles are not bound by jurisdiction. They cross party lines, leap between branches, tangle around agencies. A senator’s misfiled expense report curls around a prosecutor’s discretion; a prosecutor’s discretion knots itself to a judge’s future appointment.

The citizen asks: Is it legal?

The practitioner answers: Is it woven?

III. LEGISLATIVE TENTACLES

Bills are not written. They are grown.

A lobbyist drafts a clause. A staffer adjusts it. A rival staffer attaches a rider. A committee chair rephrases a sentence to make space for an ally’s district. A donor underlines an adjective.

By the time the public sees the bill, it is no longer a document. It is a mass of filaments, each with its own lineage, feeding from dozens of unseen mouths.

To vote “aye” or “nay” is irrelevant. The tentacle has already constricted.

IV. JUDICIAL TENTACLES

Precedent, in theory, is the anchor of jurisprudence. In practice, precedent is another filament.

An obscure ruling in a forgotten district curls upward into the Supreme Court’s reasoning. A dissent, sharpened and saved, surfaces decades later, wound around a fresh case like a parasite around a new host.

Clerks—those unseen tendrils of the judiciary—carry language from chambers to chambers, embedding their phrases in opinions like eggs in flesh. By the time a judgment is handed down, no one can untangle whose hand moved where.

The citizen asks: Is it just?

The practitioner answers: Is it binding?

V. EXECUTIVE TENTACLES

Orders are signed, vetoes issued, regulations promulgated. Each is a gesture—but no gesture is solitary.

Behind every pen-stroke is a donor’s whisper, a politician’s avarice, an advisor’s family connection. The tentacle does not care about ideology. It only cares about leverage.

It cares about strength.

Even refusal feeds the coil. Declining to intervene today creates a silence that constricts tomorrow.

VI. ON SURVIVAL WITHIN THE COILS

Those who rise in this profession do so by learning a single truth: the tentacles are not resisted, only navigated.

You navigate them with tentacles of your own.

You pull where you can, you give where you must. You pretend you are shaping law, but in truth, law is shaping you—through the soft tug of obligation, through the tightening coil of what you owe and to whom.

The citizen imagines corruption as bags of money under the table. The reality is far more banal: a thousand quiet constrictions, a thousand whispered favors.

VII. CONCLUSION

The law is not blind. It sees with a thousand eyes, eyes that gaze from ends of a thousand limbs. It remembers every touch, every promise, every compromise.

Those who pretend otherwise are not innocent. They are simply food.

The law does not need you to believe in it.

The law does not need you to know it exists.

The law needs you, because on you, the law feeds.