Monday, January 18, 2010

When reality isn't acceptable, try philosophy

The worry that fuelled debates about the difference between appearance and reality was not the fear that the world might not turn out to be the way it seems to us – but rather the fear that it would.
-- Susan Neiman, Evil in Modern Thought: An Alternative History of Philosophy.

... Nietzsche makes the same point, but not quite so neatly.

Friday, January 15, 2010

Even Aristotle had only four

Discussing a jury instruction gone bad, Judge Posner comments on causation, with an example of how not to prepare for oral argument:
Causation is an important issue in many cases in a variety of fields of law and has been so for centuries. Yet it continues to confuse lawyers, in part because of a proliferation of unhelpful terminology (for which we judges must accept a good deal of the blame). In the space of three-and-a-half pages in the government’s brief, we find the following causal terms: proximate cause, actual cause, direct cause, but-for causation, contributing causation, contributory causation, significant causal connection, sole cause, factor in the victims’ injuries, concurrent cause, meaningful role, possible cause, remote cause, and cause in fact. Black’s Law Dictionary (8th ed. 2004) lists 26 terms in the entry for “cause.” The prosecutor was unable at oral argument satisfactorily to differentiate or explain the causal terms listed in his brief, or the three causal terms added to the instruction—“a factor that resulted in,” “primary cause,” and “played a part.”
As you might guess, the Seventh Circuit went on to hold that the additional terms were likely as clear as mud to the jury. (H/t How Appealing.)

... Why was the prosecutor the one arguing the case on appeal? I suppose there's some value to having someone who was at trial, but appellate-advocacy skills are not the same as courtroom skills.

Late-breaking news

Yahoo now feeds in what it clairvoyantly discerns to be my local news, but the headlines get truncated. As today, for instance:
Report: Tiger Woods Undergoing Sex…
Well, yes, so I've heard.

Tuesday, January 12, 2010

Bailout premiums

Mark Kleiman makes lots of sense:
We now know that sufficiently large financial institutions enjoy implicit insurance from the taxpayers, because they’re “too big to fail”: i.e., so big that letting them fail risks cascading failure, as letting Lehman fail turned out to do.

The value of that insurance depends on the size of the institution and the risks it takes.

So charging all large financial institutions, whether called “banks” or not, an “insurance premium” based on size and risk on a seems both equitable and efficient.
Whinging about how this will supposedly make banks less able to lend is just that, whinging. Banks lend because it's how they make money. Paying their property insurance premiums is a cost of doing business; so should be paying "bailout premiums."

Monday, January 11, 2010

Proclaiming my coordinates at the intersection of "lawyer" and "D&D nerd"

My shirt came in!

For those who are squinting, that's "Hey, I don't make the rules, I just twist them to my purpose." Here's the context, kinda.

Friday, January 08, 2010

TBA road trip?

TBA's family has the chance to spring-break in Vermont this March. TBA, being parsimonious broke, finds the price of flying 4 people during airline primetime exorbitant.

Whereas, via MapQuest, it becomes evident that you can't really drive from Jackson, MS to Vermont without going near ... Gettysburg.

I figure, drive the battlefield on the way up, swing through Philly on the way back for Independence Hall, the Liberty Bell, and the dinosaurs in the museum. See some America & stuff. Wooooo!

Thursday, January 07, 2010

"A man of letters in the most usually accepted sense: i.e., he was not a man of anything else"

Via Clive Davis, whom I no sooner discover than he's quit blogging, here's something you don't see every day -- an appreciation of Stefan Zweig.

The bookshelf

Peter Wilson, The Thirty Years War. The must-read of the season for European-history nerds. At 800+ pages, less readable than Wedgwood's 1938 classic, but promises to cover the second half of the war in detail, which she rather slid through as tedious. N.b. -- do not buy copy with missing endpaper maps.

John Keay, China: A History. If anyone can make a one-volume survey of Chinese history into more than One Damn Dynasty After Another, it should be Keay. Just put the late Han to rest.

Gilles Deleuze and Felix Guattari, Anti-Oedipus: Capitalism and Schizophrenia. In my lit-theory days, I never could take this book quite seriously enough to pick it up; I mentally categorize it as leading a "second wave" of theory that put Foucault et al. together into a radically subversive mix and, well, jumped the shark. (See here.) So I was delighted to visit the bookstore the other day and find a new paperback reprint -- in Penguin Classics. Too damn funny not to own a copy, and it dovetails nicely with my new resolve to read theory and philosophy for their fictional value.

Tuesday, January 05, 2010

What was wrong with "consulting"?

Bristol Palin, high-school graduate, age 19, has now opened her own firm in "public relations."

As Mom so proudly showed, credentials and experience don't matter.

Lawsuits are rarely about the principle of the thing

At How Appealing, we see that the two guys framed by Illinois prosecutors have settled for $12M. Apparently, the state didn't like how the oral arguments went.

Pity not to make some case law, but it could've gone the wrong way, and the first concern has to be some recompense for the plaintiffs.

Hello, Weather Service?

There's been some mistake. Mississippi seems to be getting Michigan's weather. Those crazy postal abbreviations, no doubt! Please fix.

Love, TBA. P.S. -- Brrrrr.

Drone attacks: better than a sharp stick in the eye?

FWIW, here's one Farhat Taj reporting that the people of Waziristan are not actually all that uptight about drone attacks:
The people of Waziristan are suffering a brutal kind of occupation under the Taliban and al Qaeda. It is in this context that they would welcome anyone, Americans, Israelis, Indians or even the devil, to rid them of the Taliban and al Qaeda.
With flowers?
Therefore, they welcome the drone attacks. Secondly, the people feel comfortable with the drones because of their precision and targeted strikes. People usually appreciate drone attacks when they compare it with the Pakistan Army’s attacks, which always result in collateral damage.
Plausible.
Especially the people of Waziristan have been terrified by the use of long-range artillery and air strikes of the Pakistan Army and Air Force. People complain that not a single TTP or al Qaeda member has been killed so far by the Pakistan Army, whereas a lot of collateral damage has taken place. Thousands of houses have been destroyed and hundreds of innocent civilians have been killed by the Pakistan Army. On the other hand, drone attacks have never targeted the civilian population except, they informed, in one case when the funeral procession of Khwazh Wali, a TTP commander, was hit. In that attack too, many TTP militants were killed including Bilal (the TTP commander of Zangara area) and two Arab members of al Qaeda. But some civilians were also killed. After the attack people got the excuse of not attending the funeral of slain TTP militants or offering them food, which they used to do out of compulsion in order to put themselves in the TTP’s good books. “It (this drone attack) was a blessing in disguise,” several people commented.

I have heard people particularly appreciating the precision of drone strikes. People say that when a drone would hover over the skies, they wouldn’t be disturbed and would carry on their usual business because they would be sure that it does not target the civilians, but the same people would run for shelter when a Pakistani jet would appear in the skies because of its indiscriminate firing. They say that even in the same compound only the exact room — where a high value target (HVT) is present — is targeted. Thus others in the same compound are spared. The people of Waziristan have been complaining why the drones are only restricted to targeting the Arabs. They want the drones to attack the TTP leadership, the Uzbek/Tajik/Turkmen, Punjabi and Pakhtun Taliban. I have heard even religious people of Waziristan cursing the jihad and welcoming even Indian or Israeli support to help them get rid of the TTP and foreign militants. The TTP and foreign militants had made them hostages and occupied their houses by force. The Taliban have publicly killed even the religious scholars in Waziristan.

I have yet to come across a non-TTP resident of Waziristan who supports the Taliban or al Qaeda.
Of course, if she had, she might not have survived to write this article.

Via 3QD. A little googling finds this blog post by Taj, along the same lines, with a spooky comment about her being a CIA agent and she'd better watch out. One need only look at the blog itself to realize that one is in the midst of politics that would take a while to unravel.

Monday, January 04, 2010

Read something smart today

Not TBA, of course. Brad DeLong links to chapter 12 of Keynes's General Theory, on the barriers to a rational market (the "animal spirits" chapter). Unlike much of the GT, very readable for the non-economist. Plus teeming with present applications.

If you've never actually read anything by Keynes, here's your chance to see how very smart he was.

Annoying judge tricks # 4

(4) Issuing a "revision" of a 68-page opinion without including any statement of just what, actually, is being revised, so that one must collate the two versions to discover what changed.

Since the present example is the Paul Minor case, TBA is hoping someone else will do this. But there's no need. A footnote could be added to explain just what the revisions are.

Nothing "conservative" about torture

Andrew Sullivan tirelessly explains Morality 101:
The Christian distinction Thiessen and Cheney reject - and the core of the heresy they embrace - is that between self-defense and cruelty. Because they believe that the US is inherently good and its enemies inherently evil, they cannot conceive that they themselves are just as capable of evil as al Qaeda. But you are, Dick, you are. Yes: calm, old, unruffled old Cheney - just as prone to absolute evil as Osama bin Laden or me or anyone mortal. It is not conservative to believe that human nature has changed just because you now have power. It is not conservative to believe that the threat you are grappling with is somehow uniquely different from every other threat ever made against a free people and therefore merits the secret but irrevocable trashing of ancient norms of morality and central pillars of a just war. That's as radical as it gets.
If torture were such a wonderful way of obtaining information, the police would use it legally and routinely; the courts would use it at trials. Indeed, that is how it used to be. When Frederick the Great abolished judicial torture, his judges were aghast: how are we going to get confessions? they protested.