Tuesday, 26 February 2008
Richard A. Posner on Essentialist Thinking
The idea that criminal law is about deterrence and civil law about compensation is a product of the same kind of conceptual or essentialist thinking that underlies efforts to define the word ‘law’. The alternative to thinking of civil law and criminal law, or tort and contract, as concepts is to think of them as tools. Economics encourages such a shift of focus, and by doing so can help to remove the blinders that judges sometimes wear.
(Richard A. Posner, Law and Legal Theory in England and America [Oxford: Clarendon Press, 1996], 54)
My Secret Place
I love to read. I can’t think of anything I’d rather do. This afternoon, when I came home from school (after lecturing on act utilitarianism in my Ethics courses and John Stuart Mill’s On Liberty [1859] in my Philosophy of Law course), I went into the back yard to read. It was chilly outside, but my house blocked the wind. I sat on the grass, with my back against the house. The sun shone brightly on my face and chest. Shelbie played nearby. Does it get any better? I’m alive, healthy, and happy in the best place at the best time.
Addendum: This video says it all.
From Today’s New York Times
To the Editor:
Senator Hillary Rodham Clinton remains the most qualified candidate for president. Her command of the issues, her poise and dignity, her leadership and her original eloquence without question trump the qualifications of her opponent.
One particular indicator of this is in Senator Barack Obama’s continual parroting of her words and policies in the recent debate.
As for the inspiration factor, Senator Clinton is far more inspiring. Her unwavering commitment to a lifetime of public service, her tenacity and courage, and her international standing in the world overshadow the “warm and brilliant smile” attributed to Senator Obama by Bob Herbert in his Feb. 23 column. Senator Clinton has what it takes to be commander in chief.
Nancy Gerber
Philadelphia, Feb. 23, 2008
Note from KBJ: Somebody explain Hillary’s appeal to old white women.
Politics
I just learned (to my delight) that there’s a televised debate this evening between Hillary Clinton and Barack Obama. (What can I say? I’m a political junkie.) The debate starts at 8:00 Central Time and lasts for 90 minutes. It’s on MSNBC, the home of blowhards (Chris Matthews), thugs (David Shuster), and moonbats (Keith Olbermann). See here for details. The New York Times asked five “experts” (at what?) to formulate questions for the candidates. What would you ask?
Addendum: Obama won the debate, hands down.