The OAC Reaches Milestone
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Reckless Caution: the Perils of Judicial Minimalism
RECKLESS CAUTION: THE PERILS OF JUDICIAL MINIMALISM Tara Smith* ABSTRACT Judicial Minimalism is the increasingly popular view that judges decide cases properly to the extent that they minimize their own imprint on the law by meticulously assessing “one case at a time,” ruling on narrow and shallow grounds, eschewing broader theories, and altering entrenched legal practices only incremen- tally. Minimalism’s ascendancy across the political spectrum, be- ing embraced by advocates of both right-wing and left-wing ide- ologies, is touted as a sign of its appropriate value-neutrality. This paper argues that such sought-after neutrality is, in fact, untenable. While others have objected to some of Minimalism’s specific tenets, critics have missed its more fundamental failing: it is an incoherent concept. On analysis, Minimalism’s several planks and rationales prove mutually contradictory and, corre- spondingly, offer conflicting guidance to judges. Thus the reason that Minimalism can appeal to people of such disparate substan- tive views is that in practice, it is merely a placeholder invoked to * Many people have offered helpful discussion of the ideas developed in this paper or feedback on earlier drafts. I am grateful to audiences at Oxford’s Uehiro Center and the University of Virginia, and in particular to Tom Bowden, Onkar Ghate, Wesley Hottot, Loren Lomasky, Al Martinich, Matt Miller, Adam Mossoff, Matt O’Brien, Greg Salmieri, Julian Savulescu, John Simmons, and Kevin Stuart. 347 348 New York University Journal of Law & Liberty [Vol. 5:347 sanction a grab-bag of desiderata rather than a distinctive method of decision-making that offers genuine guidance. -
GENERAL SESSIONS the METAPHYSICS of CONSCIOUSNESS: the What and the How of Cognition (3 Lectures) Harry Binswanger
- ' SECOND I RENAISSANCE CONFERENCES H PRESENTS I ~IDEAS FOR THE RATIONAL MIND Ill" I A PHILOSOPHICAL CONFERENCE I JUNE 28 TO JULY 11, 1998 THE NASHUA MARRIOTT NASHUA, NEW HAMPSHIRE Dear Reader: there is no charge for parking. SECOND RENAISSANCE CONFERENCES is New Hampshire is noted for its tax-free shopping, proud to announce a philosophical conference featur and there are several large shopping malls within a ing new and exciting lectures on epistemology by Dr. ten-minute drive of the hotel. The proximity to his Harry Binswanger. Detailed descriptions of these and toric Boston will allow conferees to attend the city's other lectures, courses, and faculty follow, so let me renowned Independence Day celebrations (with the tell you something about the conference venue. Boston Pops concert and traditional fireworks) and The Nashua Marriott is a first-class hotel situated enjoy the city's many historic, cultural, and culinary in the rolling hills of southern New Hampshire, about attractions. 44 miles northwest of Boston. The scenic White Moun I'm sure you will appreciate the intellectual content tains and New Hampshire's Atlantic coast are both of the conference and enjoy the accommodations of about an hour's drive away. the hotel. Come and experience the joy of meeting The hotel offers numerous amenities, including an people who share your values. I hope you will attend, indoor pool, outdoor sundeck, fitness center, wooded and I look forward to seeing you. jogging trail, and volleyball and basketball courts. In room amenities include hair dryer, iron/ironing board, ~s~ voice-mail, PC dataport, and on-command movies (for a small charge). -
New Atlas Shrugged Web Site More Facets Of
® Volume 14, Number 3, March 2008 ARI on the Web New Atlas Shrugged Web Site s we continue to expand our Web offerings, A Impact would like to inform you of our current ater this month is a free audio menu of sites. LARI will launch course, “A Study of atlasshrugged.com, a Galt’s Speech,” by Ayn Rand Institute Web site devoted to ARI senior fellow, www.aynrand.org Ayn Rand’s master- Dr. Onkar Ghate, The Ayn Rand Institute’s homepage piece. The site will available for the Ayn Rand Bookstore contain information first time on the www.aynrandbookstore.com about the history, Web. Also included The widest selection of books and recordings by, on message and author will be substantial and about Ayn Rand of Atlas Shrugged. new information “This Web about the novel and Objectivist Conferences (OCON) site will not only its history, based www.objectivistconferences.com commemorate the on Ayn Rand’s Conferences for the Rational Mind fiftieth anniversary biographical inter- Objectivist Academic Center (OAC) of Atlas Shrugged,” views conducted in www.objectivistacademiccenter.org said Yaron Brook, 1960 and 1961. ARI’s educational program for the study of Objectivism ARI’s executive The site’s con- director, “it will Home page screen capture of the new Atlas Shrugged Web site tent will be aimed Ayn Rand Novels also help those inspired by Ayn Rand’s heroes at a broad audience and ARI will add fresh www.aynrandnovels.com to learn more about the revolutionary philoso- content to the site, including testimonials from ARI’s Web site for high school and college students phy they embody.” CEOs and other readers, relevant news articles Ayn Rand Education The Web site will contain information and more. -
Analytics on the Mind an Objectivist Survey of Analytic Philosophy of Mind Diana Mertz Hsieh ([email protected]) 1 June 2003
Analytics on the Mind An Objectivist Survey of Analytic Philosophy of Mind Diana Mertz Hsieh ([email protected]) 1 June 2003 Abstract: Although debates over the nature of the mind have raged in analytic philosophy of mind in recent decades, Objectivism largely lacks not only a theory of mind, but also an active discussion of the subject. The common strategy of adopting views from analytic philosophy of mind is perilous, given the significant differences between the principles and methods of Objectivism and those of analytic philosophy. Nonetheless, Objectivists can and ought to learn from the failures and successes of analytic theories of mind. This paper examines the commonalities and conflicts between analytic philosophy and Objectivism in order to sketch a plausible philosophy of mind consistent with Objectivism. Mind and Body In recent decades, debates have raged in analytic philosophy over the nature of the mind and its relationship to the body. In a quest for a viable account of the metaphysics of the mind— for an understanding of the existence, specific character, and causal efficacy of consciousness in a physical world—theories have cycled in and out of fashion with remarkable rapidity. In contrast, a philosophy of mind well-integrated with Ayn Rand’s philosophy of Objectivism has yet to be developed. A survey of the Objectivist literature reveals only scattered critiques of common analytic positions and some (occasionally conflicting) elements of a positive theory (Hsieh 2003). As such, the debate is only just beginning for Objectivism. The absence of a well-defined Objectivist ontology of mind is surprising not only in light of the vigorous debates in analytic philosophy, but also given the central role of mind-body integration in Rand’s philosophical system. -
Ayn Rand Film to Premiere in Hollyrwood Prestigious Telluride Film Festival in Colorado
lmrract -f October'1996, Volume 2, Number'lO Tickets for the benefit are priced at two levels: $75 per person for the film and post-film reception, and $250 for those events plus a private reception with Michael Per-xtonand Leonard Peikoff prior to the screening, preferred seating at the screening, an autographed movie poster, and, if it can be arranged, a brief tour to special "Ap Rand sites" on the lot. Although this is his first feature film, Michael Pa"rton brought considerable experience to the project. He received hls M.F.R. in {ihn production from New York University's prestigious Graduate Institute of Fihn & Television and has worked as a r,vriterfor Disney's Feature Anirnation Dept. alld as an assistantdirector at Turner Entertainment on features such as The Pagemaster.He also directed the world premieres of ldeal (i9Sg) and Anthem (1991) for the stage,in Hollpvood. He began the documentary on A;m Rand in the summer of 1994, setting up the production company, writing the script, and filming archival rnaterial. He also shot interviews with people who knerv Ayn Rand, including Mike Wallace, Leor.rard Photo by Sorenson James Peikoff, and Harry Binswanger. Ayn Rand: A Senseof Lift was recently screened at the Ayn Rand Film to Premiere in Hollyrwood prestigious Telluride Film Festival in Colorado. Paxton'sfiln-r Earlier Screening at Telluride Draws Acclaim was one of only 27 films selected from more than 700 appli- cants worldwide for the 23rd annual event. Less than an hour "How does one reduce the achievements of a lifetirne of from Ouray, Colorado (the "setting" for Galt's Gulch), the filnr genius into 110 rninutes?" asks filmmaker Michael Paxton (pic- was shown on opening night, August 30. -
Ayn Rand and Youth During the 1960S
UC Berkeley The Charles H. Percy Undergraduate Grant for Public Affairs Research Papers Title Radicals for Capitalism: Ayn Rand and Youth during the 1960s Permalink https://escholarship.org/uc/item/4tb298wq Author Tran, Andrina Publication Date 2011-05-31 Undergraduate eScholarship.org Powered by the California Digital Library University of California ““RRAADDIICCAALLSS FFOORR CCAAPPIITTAALLIISSMM”” Ayn Rand and Youth During the 1960s ANDRINA TRAN DEPARTMENT OF HISTORY There is a fundamental conviction which some people never acquire, some hold only in their youth, and a few hold to the end of their days – the conviction that ideas matter. In one’s youth that conviction is experienced as a self-evident absolute, and one is unable fully to believe that there are people who do not share it. That ideas matter means that knowledge matters, that truth matters, that one’s mind matters. And the radiance of that certainty, in the process of growing up, is the best aspect of youth. –Ayn Rand CONTENTS Acknowledgements 2 INTRODUCTION 2 I THE QUIETEST REVOLUTION IN HISTORY 11 II MARKETING OBJECTIVISM 24 III THE THRILL OF TREASON 32 IV LIFE, LIBERTY, PROPERTY: Persuasion and the Draft 38 V LIBERTARIANS RISING 46 EPILOGUE: MEMORY & HISTORY 52 Bibliography 55 Appendix 61 1 ACKNOWLEDGEMENTS Even a paper pertaining to egoism could not have come into existence without the generous support of so many others. I would like to thank the Summer Undergraduate Research Fellowship Program, the Center for the Study of Representation at the Institute of Governmental Studies, and the Center for the Comparative Study of Right-Wing Movements for funding the various stages of my research. -
Training the Next Generation
Newsletterof the Ayn Rand@Institute Volume6, Number 4, April 2OO0 Training the Next Generation Since 1995, ARI's undergraduate course on Objectivism: The asked to submit assignments-have included students from Philosophy of Ayn Rand (UPAR) has offered students compre- other disciplines as well as individuals well advanced in their hensive, systematic training in Objectivism-training available careers as lawyers, software engineers, physicists, architects, nowhere else. As the prerequisite course for the Objectivist teachers, businessmen. UPAR helps such individuals develop Graduate Center, UPAR is our means of finding and encour- their ability to think in essentials and to apply philosophy in aging new intellectuals. But UPAR alumni are not the only their own lives and professions. ones to benefit; teaching the course has helped sharpen the UPAR is two academic semestersof 15 weeks each. Stu- skills of the instructors too. dents attend classesby dialing in to ARI's teleconferencing sys- UPAR essentializes the key ideas of Objectlvism, integrates tem, which allows two-way communication between all the those ideas into their broader philosophic context, and con- participants. Thanks to inexpensive long-distance telephone cretizes their real-life personal importance. Students read Dr. rates, students from as far away as Australia and Israel have Peikoff 's Objectivism: The Philosophy of Ayn Rand, the course been able to attend UPAR. (We are working to develop on-line textbook, and attend weekly lectures that help illumlnate the video courses.) practical, concrete application of philosophy in the students' This year Dr. Harry Binswanger shares the teaching of lives. UPAR with Dr. Onkar Ghate, who will teach the course alone "By emphasizing how the philosophy is lntegrated-week next year. -
“The Experience of Flying”: the Rand Dogma and Its Literary Vehicle Camille Bond Submitted in the Partial Fulfillment Of
“The Experience of Flying”: The Rand Dogma and its Literary Vehicle Camille Bond Submitted in the Partial Fulfillment of the Prerequisite for Honors in English April 2017 © 2017 Camille Bond The greatest victory is that which requires no battle. Sun Tzu, The Art of War CONTENTS INTRODUCTION: 2 WHY STUDY RAND? CHAPTER ONE: 8 ON THE FOUNTAINHEAD AND CHARACTER CHAPTER TWO: 39 ON ATLAS SHRUGGED AND PLOT CONCLUSION 70 WORKS CITED 71 Bond 1 ACKNOWLEDGMENTS To Bill Cain: Thank you for taking this project under your wing! I could not have asked for a more helpful advisor on what has turned out to be one of the most satisfying journeys of my life. To James Noggle and Jimmy Wallenstein: Thank you for your keen suggestions and advice, which brought new contexts and a clearer direction to this project. To Adam Weiner: Thank you for your assistance, and for the inspiration that How Bad Writing Destroyed the World provided. And to my family: Thank you for your support and encouragement, and for making this project possible. Bond 2 INTRODUCTION: WHY STUDY RAND? Very understandably, I have been asked the question “Why would you study Ayn Rand?” dozens of times since I undertook this project over the summer of 2016. In a decidedly liberal community, Rand’s name alone invokes hostility and disgust; even my past self would have been puzzled to learn that she would go on to spend a year of her life engaging academically with Rand’s work. Many of Rand’s ideas are morally repulsive; it can be physically difficult to read her fiction. -
The Moral CASE for Capitalism
the May 2007 / Volume 3, Issue 4 / the-undercurrent.com Undercurrent “It was as if an underground stream flowed through the country and broke out in sudden springs that shot to the surface at random, in unpredictable places.” Ayn Rand INSIDE THE MORAL case THIS ISSUE Freedom of Speech: foR caPitaLism An Interview with Dr. Achieving the good requires protecting freedom, Onkar Ghate not enforcing sacrifice. page 3 by Noah Stahl In Defense of Income It is widely acknowledged that capitalist countries are the most successful at Inequality creating wealth and raising their citizens’ overall standard of living. People page 7 who live in such countries enjoy access to bigger homes, better-trained doctors, more advanced technology, and higher paying jobs. By contrast, those living under collectivist systems like the European welfare states often Atlas Shrugged Essay endure long waits for poorer quality medical help and have far less choice in the things they buy and less money to buy them with. Studies like the Index of Economic Contest Freedom consistently find that higher measures of economic liberty correlate strongly with better page 7 standards of living: the freer people are, the richer they become. But in spite of all this, capitalism is criticized. Its detractors complain that it creates an unjust divide between rich and poor—or that employers don’t pay employees their rightful due—or that Speakers, Events, and the poor are “denied access” to basic needs like education, medical care, and retirement income. Meetings Even though the poor in capitalist countries enjoy far greater resources and opportunities than their counterparts in collectivist nations, critics denounce capitalism for allowing some people to page 8 (Continued on Page 2) OBJECTIVISM The Undercurrent’s cultural commentary Campus Commentary On Free Speech is based on Ayn Rand’s philosophy, University Mission Statements: False Objectivism. -
THE MYTH ABOUT AYN RAND and SOCIAL SECURITY by Onkar Ghate | June 19, 2014
GOVERNMENT & BUSINESS INDIVIDUAL RIGHTS SHARE THE MYTH ABOUT AYN RAND AND SOCIAL SECURITY by Onkar Ghate | June 19, 2014 You know your critics are desperate when they accuse you of hypocrisy without bothering to investigate your stated principles. The desperation is especially palpable if you’ve explained how those principles apply to the very action you’re being criticized for. So it is with Ayn Rand and Social Security. When fans voice her moral critique of the welfare state, many opponents respond by attacking her. She collected Social Security, they say, even though she opposed the program’s very existence. What a hypocrite! But what a gift, because she’s shown that her philosophy is unlivable. Case closed. If only real thinking were this easy. From the archival evidence I’ve seen, Rand did collect Social Security. But isn’t it relevant that Rand argued in printfor the consistency of this position, a fact any informed critic should know? We might end up disagreeing with Rand’s analysis, but doesn’t plain decency require that we first examine it? So let’s do that. Rand morally opposes the welfare state because she’s an unwavering advocate of the individual’s moral right to his life, his liberty, his earned property, and the pursuit of his own happiness. She viewed America as putting an end to the idea that the individual must live for king, neighbor or pope. For the first time in history the individual was declared free to live for himself. It was not handouts or entitlement programs that the millions of individuals who came to America’s shores sought, but freedom. -
Nietzsche: the Myth and Its Method Fred Seddon
Reason Papers Articles Nietzsche: The Myth and Its Method Fred Seddon As the number of Objectivist oriented academic philosophers continues to increase, the lenses under which the philosophy will be examined will undoubtedly grow more powerful. Likewise, Objectivist scholarship will become rigorously more intensive; forgoing the entertaining broadside for the well documented and exacting examination. As examples of this development, witness David Kelley's ate Evidence of the Senses and Allan Gotthelf s and James Lennox's anthology Philosophical Issues in Aristotle's Biology, to name but two recent efforts. I wish I could include John Ridpath's article "Nietzsche and Individualism," printed in Vol. 7, ##1 and 2 of the now defunct The Objectivist Forum, as another instance of this trend, but alas, I cannot. The reasons for my reservations constitute the body of this essay. What follows is divided into three parts: (1) a recapitulation of Ridpath's exposition of Nietzsche's philosophy along with a running commentary suggesting alternative interpretations, (2) a short catalogue of Ridpath's errors of scholarship, and (3) a short list of reasons for devoting time to the study of Nietzsche's thought. Exposition Why did Ridpath choose to author an article on Nietzsche? It was, Ridpath tells us, in an effort to ascertain whether Nietzsche is on the side of individualism. The purpose of this article is to examine Nietzsche's philosophy in order to ascertain which side Nietzsche is really on. Based on a study of the complete corpus of Nietzsche's works, this article will present Nietzsche's general philosophical outlook and then use this as the context for understanding his social views, and for judging whether or not he is a defender of individualism. -
The Jefferson School of Philosophy
The Jefferson School of Philosophy. F.conomics. aod Psychology announces a summer conference THE INTELLECTUAL FOUNDATIONS OF A FREE SOCIETY VI to be held at the Clarion Hotel, San Francisco Alrpod, August 1 - 15, 1993 The Jefferson School has been created to advance and dissemin'1e the Jlhilosophical and scientific knowledge that is nec;essary to the existtnce of a flee society. Accordingly, the School's primary mission is the further development, application, and teaching of the 1deu of the pto-:r~ pro-individualist phil,010phers and the pro-freedom, pro-capitalist economists, and of compatible ideu in the field of psychology. ~ of 1t1 activities and programs feature the relevant doctrines of Objectivist and Aristotelian philosophy and of "Austrian" and Classical econorrucs. PRF.SmBNT . ~-- .J ---- VICB--PRESIDE:N'f-----'---~-ooNFERENeE COORDINAreR- George Reisman, Ph.D. Edith Packer, I.D., Ph.D. Diane LeMont, M.A. THE CORE PROGRAM: Thirty-three and a half hours of instruction Leonard Pelkoff, Seven Great Plays a, Philosophy and a, LHerature (seven two-hour Nlllona and one hour-and-a-half INllon devoted entirely to questions and answers) This course is a unique exercise in two skills: philosophic detection and rational esthetic judgment Dr. Peikoff analyus seven great plays from ancient Greece to the 20th Century (works by Sophocles, Shakespeare, Corneille, Schiller, Ibsen, Shaw and-a favorite of Ayn Rand's-Maeterlinck's Morma Vanna). In each case, he sho~s how to discover the essence of the Splot and the motivation of the central characters. He then demonstrates how to identify a play's th~e and deeper abstract meaning.