Sociological Jurisprudence and Legal Economics: Risks and Rewards Terence Daintith gunther teubner Firenze Introduction Contract and Organisation - these ...

The past thirty years have seen a surge of empirical research into political decision making and the influence of framing effects — the phenomenon that occurs when different but equivalent presentations of a decision problem elicit different judgments or preferences. During the same period, political philosophers have become increasingly interested in democratic theory, particularly in deliberative theories of democracy. Unfortunately, the empirical and philosophical studies of democracy have largely proceeded in isolation from each other. As a result, philosophical treatments of (...) democracy have overlooked recent developments in psychology, while the empirical study of framing effects has ignored much contemporary work in political philosophy. In Framing Democracy, Jamie Terence Kelly bridges this divide by explaining the relevance of framing effects for normative theories of democracy. -/- Employing a behavioral approach, Kelly argues for rejecting the rational actor model of decision making and replacing it with an understanding of choice imported from psychology and social science. After surveying the wide array of theories that go under the name of democratic theory, he argues that a behavioral approach enables a focus on three important concerns: moral reasons for endorsing democracy, feasibility considerations governing particular theories, and implications for institutional design. Finally, Kelly assesses a number of methods for addressing framing effects, including proposals to increase the amount of political speech, mechanisms designed to insulate democratic outcomes from flawed decision making, and programs of public education. -/- The first book to develop a behavioral theory of democracy, Framing Democracy has important insights for democratic theory, the social scientific understanding of political decision making, economics, and legal theory. (shrink)

What is the optimal size of a democratic society? While not taking an explicit stand on this issue, Hélène Landemore's model of democracy in Democratic Reason suggests that democracies ought to be small, certainly smaller than many existing states. If, as Landemore argues, we must rely on the random selection of representatives, then we should be concerned about both the size of the population and the way cognitive diversity is distributed within it. Given the realities of party politics and media (...) framing, this means that smaller political societies will yield wiser decisions than very large ones. (shrink)

What is R.K. Narayan’s position in relation to his story “Such perfection”? It is natural to interpret him as conveying a message similar to one Western readers are familiar with from ancient Greek myths: fear perfection; it offends the gods. But there is room for a more complicated interpretation.

This brief paper reviews language and presentation in a match report by Oliver Yew, senior football journalist for Sky Sports. I praise the bullet point summary, I note inconsistency in tenses used, and I ask after the definition of a consolation goal, presenting my own understanding.

This brief paper distinguishes between two intuitive concepts of what an exotic culture is. The first concept applies when the customs and beliefs of others are very different. The second concept applies when there is a significant departure from a natural baseline.

As an answer to the title question, some stories you can operate on and then get something good. I explain why I find a story about a tiger attack good, because of this reason, “courageously” presenting what I take to be something good. In the appendix, I present an attempt to clarify a distinction.

I contrast two approaches to defining a generalist, as opposed to a specialist: one from the specialist’s point of view and another while starting from a paradigm case of a generalist.

This paper reflects on a problem that Italo Calvino surely confronted when he tried to write foreign literature. How do I incorporate one of these female brats that features in prominent Japanese fictions?

This paper responds to Jane Tompkins’ statement “Not long ago… I urged a large roomful of women to ‘get theory’ because I thought that doing theory would admit us to the big leagues.” I propose that what is called “continental theory” provides some schemas which are helpful. One can perceive through them and try to fill out the details, such as a deconstructive schema.

P.E. Easterling presents a brief description of the life of Sophocles according to which he was “evidently a classic from the start.” I note a concern about the description, that all classics would seem to be classics from the start.

This paper presents two reasons for writing philosophy fast: to succeed in certain competitions; and to realize new and better ideas.

Regarding the argument by Marilyn Strathern which Victoria Loblay focuses on, I present two differences between my response and Loblay’s response. Also I raise a concern about Loblay’s response.

I presume numerous readers would have reacted as later critics famously did: we lack the sources to pursue Frazer’s goal of explaining why there was this rite of succession. Consequently, I find the popularity of his book puzzling. I cast doubt on Marilyn Strathern’s explanation and offer a wild conjecture.

I aim to undermine an account of the difference between conceptual and moral relativism according to which conceptual relativism focuses on the description of nature and moral relativism on values. I do so with some help from Joseph Raz.

Marilyn Strathern argues against the possibility of feminist research bringing about a paradigm shift in social anthropology. In an earlier paper, my interpretation of Strathern’s argument, or one of them, is similar to Janaki Nair’s response in broad outline. But it is different in detail and I also object to Strathern’s argument, whereas Nair endorses the argument she extracts. Here I identify differences and I object to the Nair-Strathern argument as well.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

This is a one page handout, which draws attention to subtle adaptations that H.L.A. Hart makes regarding material from Henry Sidgwick, when he debates with Rawls and appeals to Sidgwick's objections to the priority of liberty. These adaptations challenge the impression that Rawls should have known better.

I present two senses in which a political philosophy may be an ideal theory. They are not identified by Laura Valentini, in her much-cited paper. The paper is written as a pastiche of the writing style of the distinguished legal and political philosopher Joseph Raz, who recently passed away, with my notes at the foot of the page within square brackets.

T.H. Irwin’s stimulating commentary on John Rawls anticipates but does not make “the subset objection to Rawls.” This term of mine is potentially misleading, but Irwin’s commentary is more so: I argue that relevant parts involve dubious commitments.

I respond to the charge that one of my objections to Marilyn Strathern’s rejection of feminist anthropology is the same as an objection made by Kamala Visweswaran. They may seem very similar to begin with, but I argue that there is both a difference in focus - in which premises we are concentrating on - and in method.

Patricia Uberoi extracts an argument from Marilyn Strathern: that feminist research cannot bring about a paradigm shift in social anthropology, because any feminist framework can be easily contained. I contrast Uberoi’s interpretation of Strathern with my own, and then draw attention to two possibilities that this containment argument overlooks.

I present two interpretations of Max Beerbohm’s pastiche “The Feast.” Both interpretations seem as if they cannot survive forceful questioning, which asks, “Why should we think that?” And yet we, or at least I, find them worth attending to. Why? I propose an answer.

This paper responds to a paradox Marilyn Strathern raises concerning who endorses a community first model of the village of Elmdon, according to which it is a community and the good of the community should take priority over individual interests. It is middle-class newcomers, whose peripheral position requires greatest sacrifice from them, if the model is to be implemented. I propose two solutions to the puzzle.

Why focus on sexism, rather than other kinds of discrimination? In this brief paper, I introduce a reductive explanation which says, “All other prejudices are just varieties of sexism.”.

Political philosophers sometimes write of liberal democracies, but which societies, if any, are liberal democracies? John Rawls says that in the public political culture of a liberal democracy, we find the principle that this society should be a fair system of cooperation between free and equal individuals. In this paper, I draw attention to how, if we grant Rawls’s definition, a society can easily be mistaken for a liberal democracy when it is not. I then argue that Andrew March, Gabrielle (...) Badano and Alasia Nuti have not given sufficient evidence for treating various European societies as Rawlsian liberal democracies. (shrink)

A researcher at the Yale Modernism Lab, Elyse Graham, raises the question of why the early twentieth century literary review The Egoist had such troubling selling, despite its stellar contributors. She puts the blame on regulars Dora Marsden and Richard Aldington. I offer an alternative hypothesis.

In this paper, I respond to the infamous letter to The Times warning the University of Cambridge against awarding Jacques Derrida an honorary degree. I draw attention to an assumption of that letter.

This paper presents an attempted pastiche of the writing and thinking style of the distinguished anthropologist Marilyn Strathern. The claim about the consequence of avoiding the charge of exoticism resembles the paradox of analysis.

The economist David K. Levine claims that if a government of a country makes torture legal, the inevitable result will be torture that is out of control. I point out an inconsistency in his approach to torture. I then argue that we should be open to rare counterexamples to his claim and describe a kind of counterexample.

The title question arises because the philosophy seems the same as asking, “What if everyone did that?” In this paper, I give a partial response to the question. In an appendix, I consider the question of why should we tell you the answer?

Philosophers and logicians talk of arguments for conclusions. In a recent paper, Jeffrey Goodman identifies a common way of thinking about what an argument is. I propose a definition that is quite different to this common way. I also make two objections to Goodman’s proposed definition.

This article shows how there is a great kinship between Polanyi's thought and that of Bernard Haring, "the father of modern moral theology" in the Roman Catholic Church. Haring advocated an ethics of personal responsibility that calls for an epistemology such as Polanyi developed for history and social sciences in The Study of Man.

Building on the strengths of the first edition, the second edition of the Irwin Nicomachean Ethics features a revised translation (with little editorial intervention), expanded notes (including a summary of the argument of each chapter), an expanded Introduction, and a revised glossary.

Many philosophers hold antirealist views about morality, according to which moral facts or truths do not exist. Does this imply that other types of normative facts, such as epistemic facts, do not exist? The Normative Web develops a positive answer to this question. By means of an analogy between moral and epistemic facts, Terence Cuneo presents a compelling defence of robust realism in ethics. In so doing, he engages with a range of antirealist positions in epistemology such as error (...) theories, expressivist views, and reductionist views of epistemic reasons. (shrink)