Law and Politics as Play

Liberal theory fails to cope effectively with the common human tendency, under certain conditions, to brutalize other humans. Liberal theory does not adequately accommodate the reality that humans contest concepts of rights, justice, and truth. The necessarily contextual, contested, and contingent character of substantive liberal principles necessarily prevents them, qua principles, from effectively inhibiting human brutality. Liberal theory also does not take adequate account of the passionate and non-rational character of the human animal. Giambattista Vico\u27s remarkably prescient and comprehensive eighteenth century vision of the human condition anticipates these two barriers to achieving liberalism\u27s pacific political and social vision. Vico suggests that the visceral experiences of competitive human play can, and in fact do, displace the political and social conditions and practices that commonly trigger brutal human behavior. Thus framed, the liberal tradition moves humans from righteousness to playfulness

Law and Politics as Play

Liberal theory fails to cope effectively with the common human tendency, under certain conditions, to brutalize other humans. Liberal theory does not adequately accommodate the reality that humans contest concepts of rights, justice, and truth. The necessarily contextual, contested, and contingent character of substantive liberal principles necessarily prevents them, qua principles, from effectively inhibiting human brutality. Liberal theory also does not take adequate account of the passionate and non-rational character of the human animal. Giambattista Vico\u27s remarkably prescient and comprehensive eighteenth century vision of the human condition anticipates these two barriers to achieving liberalism\u27s pacific political and social vision. Vico suggests that the visceral experiences of competitive human play can, and in fact do, displace the political and social conditions and practices that commonly trigger brutal human behavior. Thus framed, the liberal tradition moves humans from righteousness to playfulness

The Hand in the Brew: Judges and Their Communities

Reviewing: Paul W. Kahn, Making the Case: The Art of the Judicial Opinion (Yale University Press 2016); Douglas E. Edlin, Common Law Judging: Subjectivity, Impartiality, and the Making of Law (University of Michigan Press 2016)

Making space for empathy: supporting doctors in the emotional labour of clinical care

BACKGROUND: The academic and medical literature highlights the positive effects of empathy for patient care. Yet, very little attention has been given to the impact of the requirement for empathy on the physicians themselves and on their emotional wellbeing. DISCUSSION: The medical profession requires doctors to be both clinically competent and empathetic towards the patients. In practice, accommodating both requirements can be difficult for physicians. The image of the technically skilful, rational, and emotionally detached doctor dominates the profession, and inhibits physicians from engaging emotionally with their patients and their own feelings, which forms the basis for empathy. This inhibition has a negative impact not only on the patients but also on the physicians. The expression of emotions in medical practice is perceived as unprofessional and many doctors learn to supress and ignore their feelings. When facing stressful situations, these physicians are more likely to suffer from depression and burnout than those who engage with and reflect on their feelings. Physicians should be supported in their emotional work, which will help them develop empathy. Methods could include questionnaires that aid self-reflection, and discussion groups with peers and supervisors on emotional experiences. Yet, in order for these methods to work, the negative image associated with the expression of emotions should be questioned. Also, the work conditions of physicians should improve to allow them to make use of these tools. SUMMARY: Empathy should not only be expected from doctors but should be actively promoted, assisted and cultivated in the medical profession

The Rule of Law is Dead! Long Live the Rule of Law!

Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue against the notion that the contradictory views must be resolved in order for judicial legitimacy to remain intact. A rule of law built on contending legal and political beliefs is not necessarily fair or just. But it can be stable. At least in the context of law and courts, a house divided may stand

Clinical reactivity and immunogenicity of hemagglutinin influenza vaccine

Subjects aged 3–6, 16–17 and 27–50 years were vaccinated with one dose of hemagglutinin influenza virus vaccine. Clinical reactions, hemagglutination-inhibiting (HI) and strain- and type-specific complement-fixing (CF-V and CF-S) antibodies were determined in sera taken before and four weeks after vaccine administration. The results indicated that the reactogenicity of the vaccine was very low. The HI antibody response differed with the age of the vaccinees, apparently being conditioned by prior exposure to the various influenza virus subtypes. The results of CF tests using strain-specific V antigens corresponded in general with HI tests, with two marked exceptions. In the youngest group nearly half of the subjects developed CF antibody to V-Swine, while all of them remained without antibody detectable in the HI test. However, when V antigen was used instead of intact virus as hemagglutinin, the post-vaccination sera of these subjects also reacted positively in the HI test. Secondly, a number of prevaccination sera from persons aged 27–50 years possessed CF antibody to A/PR 8 in the absence of homologous HI antibody. Among these subjects the antibody response to both A/PR 8 and Swine was more marked in the CF test than in the HI test. After vaccine administration most of the subjects developed antibody or responded by an antibody increase to the S antigens of both influenza A and B. No significant differences were found after intradermal (0.1 ml) and subcutaneous (0.5 ml) administration of one dose of vaccine.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/41682/1/705_2005_Article_BF01250294.pd

Fashioning Entitlements: A Comparative Law and Economic Analysis of the Judicial Role in Environmental Centralization in the U.S. and Europe

This paper identifies and evaluates, from an economic point of view, the role of the judiciary the steady shift of environmental regulatory authority to higher, more centralized levels of government in both the U.S. and Europe. We supply both a positive analysis of how the decisions made by judges have affected the incentives of both private and public actors to pollute the natural environment, and normative answers to the question of whether judges have acted so as to create incentives that move levels of pollution in an efficient direction, toward their optimal, cost-minimizing (or net-benefit-maximizing) levels. Highlights of the analysis include the following points: 1) Industrial-era local (state or national) legislation awarding entitlements to pollute was almost certainly inefficient due to a fundamental economic obstacle faced by those who suffer harm from the over-pollution of publicly owned natural resources: the inability to monetize and credibly commit to repay the future economic value of reducing pollution. 2) When industrial era pollution spilled across state lines in the US, the federal courts, in particular the Supreme Court, fashioned a federal common law of interstate nuisance that set up essentially the same sort of blurry, uncertain entitlements to pollute or be free of pollution that had been created by the state courts in resolving local pollution disputes. We argue that for the typical pollution problem, a legal regime of blurry interstate entitlements - with neither jurisdiction having a clear right either to pollute or be free of pollution from the other - is likely to generate efficient incentives for interjursidictional bargaining, even despite the public choice problems besetting majority-rule government. Interestingly, a very similar system of de facto entitlements arose and often stimulated interjursidictional bargaining in Europe as well as in the U.S. 3) The US federal courts have generally interpreted the federal environmental statutes in ways that give clear primacy to federal regulators. Through such judicial interpretation, state and local regulators face a continuing risk of having their decisions overridden by federal regulators. This reduces the incentives for regulatory innovation at the state and local level. Judicial authorization of federal overrides has thus weakened the economic rationale for cooperative federalism suggested by economic models of principal-agent relationships. As a result of the principle of attribution, there is less risk in Europe that (like in the US) courts would enlarge the federal purview and thereby limit the powers of the Member States. Despite this principle, the power of the European bureaucracy (that is, the European Commission) has steadily increased and led to a steady shift of environmental regulatory competencies to the European level. This shift is only sometimes normatively desirable, and yet there is little that the ECJ can or will do to slow it

Targeting cells with single vectors using multiple-feature Boolean logic

Precisely defining the roles of specific cell types is an intriguing frontier in the study of intact biological systems and has stimulated the rapid development of genetically encoded tools for observation and control. However, targeting these tools with adequate specificity remains challenging: most cell types are best defined by the intersection of two or more features such as active promoter elements, location and connectivity. Here we have combined engineered introns with specific recombinases to achieve expression of genetically encoded tools that is conditional upon multiple cell-type features, using Boolean logical operations all governed by a single versatile vector. We used this approach to target intersectionally specified populations of inhibitory interneurons in mammalian hippocampus and neurons of the ventral tegmental area defined by both genetic and wiring properties. This flexible and modular approach may expand the application of genetically encoded interventional and observational tools for intact-systems biology