Philosophical Foundations of Capitalism
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Originalism, Vintage Or Nouveau: “He Said, She Said” Law
Fordham Law Review Volume 82 Issue 2 Article 10 2013 Originalism, Vintage or Nouveau: “He Said, She Said” Law Tara Smith University of Texas at Austin Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Tara Smith, Originalism, Vintage or Nouveau: “He Said, She Said” Law, 82 Fordham L. Rev. 619 (2013). Available at: https://ir.lawnet.fordham.edu/flr/vol82/iss2/10 This Symposium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ORIGINALISM, VINTAGE OR NOUVEAU: “HE SAID, SHE SAID” LAW Tara Smith* INTRODUCTION: AN OVERVIEW OF ORIGINALISM’S BASIC FAILURE I begin with a brief overview of originalism’s central failings. I then consider three lines of defense that help to explain its resilient appeal and proceed to critique those three lines of reasoning. Through its various incarnations, I contend, originalism is guilty of a fatal contradiction. Law represents coercion. A legal system governs by force; that is the tool that gives teeth to its rules. I say this not as an indictment of law or of government; it is simply a fact—a fact that is significant to the proper conduct of judicial review. A legal system also works by words, which state the authority that it does and does not possess and how its coercive power will be used. -
The Future of Social Security
TJSL Legal Studies Research Paper No. 904404 October 2006 Full Funding: The Future of Social Security 22 Journal of Law and Politics 395 (2006) by Benjamin A. Templin Copyright © Benjamin A. Templin and Journal of Law and Politics This paper may be downloaded without charge from the Social Science Research Network Electronic Paper Collection. See <http://ssrn.com/abstract=904404>. Electronic copy available at: http://ssrn.com/abstract=904404 Full Funding: The Future of Social Security Benjamin A. Templin1 I. INTRODUCTION The future of Social Security is anything but secure. Actuaries and economists predict that incoming revenues will be insufficient to pay benefits by 2017 and that the Social Security Trust Fund reserves will be exhausted by 2041. 2 Yet Social Security remains the most important government program designed to prevent poverty among elderly citizens.3 If it were not for Social Security benefits, fifty percent of elderly beneficiaries would be living below the poverty line. 4 Unfortunately, Social Security reform is stuck in a political gridlock.5 After five years of debate, President Bush’s proposal for private accounts6 has been tabled in 1 Assistant Professor, Thomas Jefferson School of Law. B.A. 1981, Grinnell College; J.D. 1998, University of California, Berkeley Boalt Hall School of Law. For their valuable assistance, the author wishes to thank Kathryn Moore, Howell Jackson, Patricia Dilley, Ellen Waldman, Richard Winchester, Julie Greenberg, Marjorie Cohn, Eric Mitnick, Jerry Heavey at Smith Barney, Kaimipono Wenger, Linda Keller, Claire Wright, Deven Desai, Anders Kaye, Sandra Rierson, Jason Boyer, Jennifer Pawlowski, Amanda Moceri, David Fortner, Dorothy Hampton, June MacLeod, and Norma Dunn. -
Books, Documents, Speeches & Films to Read Or
Books, Documents, Speeches & Films to Read or See Roger Ream, Fund for American Studies Email: [email protected], Website: www.tfas.org Video: http://www.youtube.com/watch?v=0FB0EhPM_M4 American documents & speeches: Declaration of Independence The Constitution Federalist Papers The Anti-Federalist Washington’s Farewell Address Jefferson 2nd Inaugural Address Gettysburg Address Give Me Liberty or Give Me Death speech of Patrick Henry Ronald Reagan’s Time for Choosing speech (1964) Barry Goldwater’s Acceptance Speech to the 1964 Republican Convention First Principles The Law, Frederic Bastiat A Conflict of Visions, Thomas Sowell Libertarianism: A Reader, David Boaz Libertarianism: A Primer, David Boaz Liberty & Tyranny, Mark Levin Anarchy, State and Utopia, Robert Nozick The Constitution of Liberty, F.A. Hayek Conscience of a Conservative, Barry Goldwater What It Means to Be a Libertarian, Charles Murray Capitalism and Freedom, Milton Friedman Free Market Economics Economics in One Lesson, Henry Hazlitt Eat the Rich, P.J. O’Rourke Common Sense Economics: What Everyone Should Know about Wealth & Prosperity: James Gwartney, Richard Stroup and Dwight Lee Free to Choose, Milton Friedman Inquiry into the Nature and Causes of the Wealth of Nations, Adam Smith Capitalism, Socialism & Democracy, Joseph Schumpeter Basic Economics: A Citizen’s Guide to the Economy, Thomas Sowell Human Action, Ludwig von Mises Principles of Economics, Carl Menger Myths of Rich and Poor, W. Michael Cox and Richard Alm The Economic Way of Thinking, 10th edition, Paul Heyne, Peter J. Boettke, David L. Prychitko Give Me a Break: How I Exposed Hucksters, Cheats and Scam Artists and Became the Scourge of the Liberal Media…, John Stossel Other books of importance: The Road to Serfdom, F.A. -
Editorial ...Tibor R. Machan
Editor Tibor R. Machan/Phi/osophy Managing Editor Marty Zupan Editorial Assistant Lynn Scarlett Associate Editors Walter Block/Economics John Cody/Classics Douglas J . Den Uyl/Philosophy Davis Keeler/La w J. Roger Lee/Philosophy Leonard Liggio/History Eric Mack/Phi/osophy H . Joachim Maitre/Znternational Relations John 0. Nelson/Philosophy Ralph Raico/History Marry Sirridge/Philosophy Advisory Board D. T. Armentano/ University of Hartford Richard Bilas/California State College, Bakersfield Yale Brazen/ University of Chicago Nicholas Capaldi/Queens College R. L. Cunningham/ University of San Francisco John Hos per$/ University of Southern Californirs Israel M . Kirzner/New York University Kenneth G. Lucey/State University of New York College, Fredonia Fred D. Miller, Jr ./Bo wling Green State University Herbert Morris/ University of California, Los Angeles Paul Craig Roberts/Georgetown University Morton L. Schagrin/State University of New York College, Fredonia Thomas S. Szasz/State University of New York Medical Center, Syracuse E. G. West/Carleton University, Ottawa A Journal of Interdisciplinary Normative Studies Articles Is Economics Independent of Ethics? .............. .Jack High 3 How the Jacksonians Favored Industrialization ............... .Paul McGouldrick 17 Economic Warfare in Defense of Liberty. .................Juliana Geran Pilon 33 Choice and Rationality ........................ Antony Flew 49 On Improving Mankind by Political Means ....................... .Lester H. Hunt 61 Constraining the Choice Set: Lessons from the Software Revolution. ................ .David Levy 77 Discussion Notes The Randian Argument Reconsidered: A Reply to Charles King ................. .Paul St. F. Blair 91 Is "Flourishing" a True Alternative Ethics? ............... .David L. Norton 101 Review Essays & Reviews John Gray's Mill on Liberty: A Defence and Hayek on Liberty ...................Nicholas Capaldi 109 Tom Regan's The Case for Animal Rights. -
Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs
VOLOKH.DOC 01/24/07 – 4:55 PM MEDICAL SELF-DEFENSE, PROHIBITED EXPERIMENTAL THERAPIES, AND PAYMENT FOR ORGANS Eugene Volokh* I. INTRODUCTION Four women are in deadly peril. Alice is seven months pregnant, and the pregnancy threatens her life; doctors estimate her chance of death at 20%. Her fetus has long been vi- able, so Alice no longer has the Roe/Casey right to abortion on demand. But because her life is in danger, she has a constitutional right to save her life by hiring a doctor to abort the viable fetus. She would even have such a right if the pregnancy were only posing a serious threat to her health, rather than threatening her life.1 A person breaks into Katherine’s home. She reasonably fears that he may kill her (or perhaps seriously injure, rape, or kidnap her). Just as Al- ice may protect her life by killing the fetus, Katherine may protect hers by killing the attacker, even if the attacker isn’t morally culpable, for instance if he is insane.2 And Katherine has a right to self-defense even though recognizing the right may let some people use false claims of self-defense to get away with murder.3 Ellen is terminally ill. No proven therapies offer help. An experimen- tal drug therapy seems safe, because it has passed Phase I FDA testing, yet federal law bars the therapy outside clinical trials because it hasn’t been demonstrated to be effective (and further checked for safety) through Phase II testing. Nonetheless, the 2006 D.C. -
Libertarians in Bush's World
ESSAY ON LIBERTY+ LIBERTARIANS IN BUSH’S WORLD Todd Seavey* Imagine ordinary, non-ideological people hearing about an obscure politi- cal sect called libertarianism, which emphasizes self-ownership, property rights, resistance to tyranny and violence, the reduction of taxation and regulation, control over one’s own investments, and the de-emphasizing of litigation as a primary means of dispute resolution. Since this philosophy has very few adherents in the general population and is very much a minority position among intellectuals, one might expect proponents of the creed to count themselves lucky, given the likely alternatives, if the president of the country in which most of them live increasingly emphasized the themes of freedom and ownership in his major speeches; toppled brutal totalitarian regimes in two countries while hounding democracy-hating theocratic terrorists around the globe; cut taxes (despite howls even from some in the free-market camp that the cuts were too deep); called for simplification of the tax code; appointed relatively industry-friendly officials to major regulatory bodies such as the Environmental Protection Agency and the Food and Drug Administration despite frequent criti- cism by the media; proposed partially privatizing Social Security (America’s largest socialist boondoggle but one long regarded as sacrosanct by political analysts); and pushed tort reform to combat the chilling effect of lawsuits on doctors and manu- facturers. + Essays on Liberty is a continuing series of the Journal of Law & Liberty, dedicated to explorations of freedom and law from perspectives outside the legal academy. * Director of Publications for the American Council on Science and Health (ACSH.org, HealthFactsAnd- Fears.com), which does not necessarily endorse the views expressed here. -
2018 Annual Report Alfred P
2018 Annual Report Alfred P. Sloan Foundation $ 2018 Annual Report Contents Preface II Mission Statement III From the President IV The Year in Discovery VI About the Grants Listing 1 2018 Grants by Program 2 2018 Financial Review 101 Audited Financial Statements and Schedules 103 Board of Trustees 133 Officers and Staff 134 Index of 2018 Grant Recipients 135 Cover: The Sloan Foundation Telescope at Apache Point Observatory, New Mexico as it appeared in May 1998, when it achieved first light as the primary instrument of the Sloan Digital Sky Survey. An early set of images is shown superimposed on the sky behind it. (CREDIT: DAN LONG, APACHE POINT OBSERVATORY) I Alfred P. Sloan Foundation $ 2018 Annual Report Preface The ALFRED P. SLOAN FOUNDATION administers a private fund for the benefit of the public. It accordingly recognizes the responsibility of making periodic reports to the public on the management of this fund. The Foundation therefore submits this public report for the year 2018. II Alfred P. Sloan Foundation $ 2018 Annual Report Mission Statement The ALFRED P. SLOAN FOUNDATION makes grants primarily to support original research and education related to science, technology, engineering, mathematics, and economics. The Foundation believes that these fields—and the scholars and practitioners who work in them—are chief drivers of the nation’s health and prosperity. The Foundation also believes that a reasoned, systematic understanding of the forces of nature and society, when applied inventively and wisely, can lead to a better world for all. III Alfred P. Sloan Foundation $ 2018 Annual Report From the President ADAM F. -
Tara Smith's Ayn Rand's Normative Ethics
Review Essay: Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist Carrie-Ann Biondi Marymount Manhattan College There has been in academic philosophy a resurgence of naturalistic virtue ethics that renders it a viable competitor with deontology and utilitarianism, making the timing opportune for the appearance of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist.1 Indeed, Smith in part situates her book within this trend, but also contrasts her explication of how Rand’s rational ethical egoism intersects with virtue theories that have at best “danced around the edges of egoism” (p. 1). Thus far, Smith’s book has been generally well received in the few reviews it has gotten,2 especially by scholars and advocates of Rand’s Objectivism. However, some attention from mainstream philosophers, even by those who are sympathetic readers,3 reveals that contemporary moral philosophers struggle to understand the nuanced value theory underlying Objectivism and are slow to embrace full-fledged egoism. This is hardly surprising, given that many (if not most) ethics 1 Tara Smith, Ayn Rand’s Normative Ethics: The Virtuous Egoist (New York: Cambridge University Press, 2006). 2 See Stephen Hicks, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Philosophy in Review 27, no. 5 (October 2007), pp. 377-79; Helen Cullyer, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Notre Dame Philosophical Reviews (November 12, 2006), accessed online at: http://ndpr.nd.edu/review.cfm?id=8123; Robert Mayhew, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Philosophical Books 49, no. -
Nozick's Libertarian Critique of Regan
68 BETWEEN THE SPECIES Nozick’s Libertarian Critique of Regan ABSTRACT Robert Nozick’s oft-quoted review of Tom Regan’s The Case for Animal Rights levels a range of challenges to Regan’s philosophy. Many commentators have focused on Nozick’s putative defense of speciesism, but this has led to them overlooking other aspects of the critique. In this paper, I draw attention to two. First is Nozick’s criti- cism of Regan’s political theory, which is best understood relative to Nozick’s libertarianism. Nozick’s challenge invites the possibility of a libertarian account of animal rights – which is not as oxymo- ronic as it may first sound. Second is Nozick’s criticism of Regan’s axiological theory, which is best understood relative to Nozick’s own axiological inegalitarianism. While Nozick’s axiology has distaste- ful consequences, it should not be dismissed out-of-hand. Nozick’s challenges to Regan – and Nozick’s wider animal ethics – are rich and original, warranting attention from contemporary theorists for reasons beyond mere historical interest. Josh Milburn University of York Volume 21, Issue 1 Spring 2018 http://digitalcommons.calpoly.edu/bts/ 69 Josh Milburn Tom Regan published The Case for Animal Rights (hereaf- ter, The Case) in 1983, spawning a literature of responses, cri- tiques, developments and applications. It continues to have con- siderable influence on philosophical literature in animal ethics to this day – as this special issue demonstrates. Regan belongs on a short list of the most influential and significant normative philosophers of the 21st century. Another philosopher who un- doubtedly belongs on this list is Robert Nozick, most famous as the author of the 1974 Anarchy, State, and Utopia (hereafter, ASU), in which he offers a right libertarian theory of justice. -
The Theory of the Corporation by Norman Barry
MARCH 2003 The Theory of the Corporation by Norman Barry ver a topic of dispute for observers of share ownership provides. Free transfer of capitalism, the corporation has been shares, the main feature of corporate capi- undergoing increased scrutiny in the talism, produces that flexibility which is the Elight of current business scandals. While envy of other free enterprise forms. other forms of capitalist enterprise, such as The major problem is its apparent “privi- partnerships and single proprietorships, leges”; that is, it is claimed that the corpora- have avoided some of the wrath of socialist tion can do things that private individuals or agitators, the limited-liability corporation, business partnerships cannot do, and critics public or private, has had to endure the crit- argue that these advantages have to be paid icism of some market advocates as well as back to society. In other words, the corpora- socialists. Of course, now that most sensible tion operates under some kind of politically collectivists know that real socialism doesn’t granted license, which has to be earned. work, they have had to use a different intel- Business ethics starts from this assumption. lectual methodology to buttress their anti- Thus Thomas M. Jones wrote: “the corpora- capitalist predilections. They have chosen tion which acts in a socially responsible morality. This has turned out to be quite manner may simply be paying back society effective. Moral arguments are pretty much for the social costs of doing business, irrefutable, whereas economic ones can be costs for which firms rarely receive an subjected to some kinds of theoretical and invoice.”1 When he was secretary of labor empirical tests. -
The Liberal Ethics of Non- Interference and the Pareto Principle
University of Massachusetts Amherst ScholarWorks@UMass Amherst Economics Department Working Paper Series Economics 2014 The Liberal Ethics of Non- Interference and the Pareto Principle Marco Mariotti University of St Andrews Roberto Veneziani University of Massachusetts, Amherst Follow this and additional works at: https://scholarworks.umass.edu/econ_workingpaper Part of the Economics Commons Recommended Citation Mariotti, Marco and Veneziani, Roberto, "The Liberal Ethics of Non- Interference and the Pareto Principle" (2014). Economics Department Working Paper Series. 164. https://doi.org/10.7275/5101889 This Article is brought to you for free and open access by the Economics at ScholarWorks@UMass Amherst. It has been accepted for inclusion in Economics Department Working Paper Series by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. DEPARTMENT OF ECONOMICS Working Paper The Liberal Ethics of Non- Interference and the Pareto Principle by Marco Mariotti and Roberto Veneziani Working Paper 2014-1 UNIVERSITY OF MASSACHUSETTS AMHERST The Liberal Ethics of Non-Interference and the Pareto Principle Marco Mariottiy Roberto Venezianiz January 28, 2014 Abstract We analyse the liberal ethics of noninterference applied to social choice. A liberal principle capturing noninterfering views of society and inspired by John Stuart Mill’sconception of liberty, is examined. The principle captures the idea that society should not penalise agents after changes in their situation that do not a¤ect others. An impos- sibility for liberal approaches is highlighted: every social decision rule that satis…es unanimity and a general principle of noninterference must be dictatorial. This raises some important issues for liberal approaches in social choice and political philosophy. -
Ralph Raico: Champion of Authentic Liberalism Daniel P
State University of New York College at Buffalo - Buffalo State College Digital Commons at Buffalo State History Theses History and Social Studies Education 12-2012 Ralph Raico: Champion of Authentic Liberalism Daniel P. Stanford [email protected] Advisor Gary Marotta, Ph.D., Professor of History First Reader Gary Marotta, Ph.D., Professor of History Second Reader John D. Abromeit, Ph.D., Assistant Professor of History Department Chair Andrew D. Nicholls, Ph.D., Professor of History To learn more about the History and Social Studies Education Department and its educational programs, research, and resources, go to http://history.buffalostate.edu/. Recommended Citation Stanford, Daniel P., "Ralph Raico: Champion of Authentic Liberalism" (2012). History Theses. Paper 13. Follow this and additional works at: http://digitalcommons.buffalostate.edu/history_theses Part of the European History Commons, Intellectual History Commons, and the United States History Commons Ralph Raico: Champion of Authentic Liberalism by Daniel P. Stanford An Abstract of a Thesis in History Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts December 2012 College at Buffalo State University of New York Department of History 1 ABSTRACT OF THESIS Ralph Raico: Champion of Authentic Liberalism This paper explores the intellectual life and writings of Professor Emeritus in History at Buffalo State College, Ralph Raico. The central thesis seeks to portray Professor Raico as the great modern libertarian revisionist historian, and the great modern champion of historical, classical liberalism. More broadly, the work attempts to solidify Professor Raico’s reputation as a major figure in the modern American libertarian movement. Raico’s intellectual foundations are fully developed, beginning from grade school at Bronx High School of Science, to his attendance of Ludwig von Mises’s New York University seminar, to his P.h.D.