In this article, we argue that rational persuasion can be a _pro tanto_ wrong and that online platforms possess features that are especially conducive to this wrong. We begin by setting out an account of rational persuasion. This consists of four jointly sufficient conditions for rational persuasion and is intended to capture the core, uncontroversial cases of such persuasion. We then discuss a series of wrong-making features which are present in methods of influence commonly thought of as _pro tanto_ wrong, (...) such as manipulation and paternalism. It is next shown that these wrong-making features are also present in a range of cases that are, by the jointly sufficient conditions already established, rational persuasion, and so some forms of rational persuasion are _pro tanto_ wrong, including in some ways that have not previously been remarked upon. Finally, we demonstrate that online settings possess a number of features that are especially conducive to wrongful rational persuasion. (shrink)

This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such (...) wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society. (shrink)

_A history of the world’s first democracy from its beginnings in Athens circa fifth century B.C. to its downfall 200 years later_ The first democracy, established in ancient Greece more than 2,500 years ago, has served as the foundation for every democratic system of government instituted down the centuries. In this lively history, author Thomas N. Mitchell tells the full and remarkable story of how a radical new political order was born out of the revolutionary movements that swept through the (...) Greek world in the seventh and sixth centuries B.C., how it took firm hold and evolved over the next two hundred years, and how it was eventually undone by the invading Macedonian conquerors, a superior military power. Mitchell’s superb history addresses the most crucial issues surrounding this first paradigm of democratic governance, including what initially inspired the political beliefs underpinning it, the ways the system succeeded and failed, how it enabled both an empire and a cultural revolution that transformed the world of arts and philosophy, and the nature of the Achilles heel that hastened the demise of Athenian democracy. (shrink)

It is commonly recognized that the modern capacity for mass online communication carries various dangers: fake news, rampant conspiracy theories, trolling, and so forth. It is less commonly realized that moral problems remain when the contents of online communications are completely innocuous. This article discusses one of the noteworthy features of modern digital technology, the fact that it is possible to precisely target specific audiences, and argues that this can make mass communications such as advertising and political campaigns morally problematic. (...) What is more, this holds even if the communicator is using only rational persuasion. In being selective about who sees which arguments, one becomes liable to mislead the audience despite sticking to honest, evidence-based, rational argumentation. (shrink)

The first democracy, established in ancient Greece more than 2,500 years ago, has served as the foundation for every democratic system of government instituted down the centuries. In this lively history, author Thomas N. Mitchell tells the full and remarkable story of how a radical new political order was born out of the revolutionary movements that swept through the Greek world in the seventh and sixth centuries B.C., how it took firm hold and evolved over the next two hundred years, (...) and how it was eventually undone by the invading Macedonian conquerors, a superior military power. Mitchell’s superb history addresses the most crucial issues surrounding this first paradigm of democratic governance, including what initially inspired the political beliefs underpinning it, the ways the system succeeded and failed, how it enabled both an empire and a cultural revolution that transformed the world of arts and philosophy, and the nature of the Achilles heel that hastened the demise of Athenian democracy. (shrink)