Critical Guide to Mill's on Liberty
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Commercial Nuisance: a Theory of Consumer Protection
Commercial Nuisance: A Theory of Consumer Protection The fraudulent practices of some merchants, since they deprive the poor of much of their income, not only offend law and ethics but also impede efforts to alleviate the poverty upon which those practices depend.1 In part, the solution to this problem will depend on the remedies available in the courts. Regulatory statutes have been passed in increasing numbers, 2 and recent judicial expansion of the uncon- scionability doctrine indicates that judge-made law also may be in- creasingly important in affording relief.8 But because courts cannot act until cases are before them, expansion of substantive doctrine is unlikely to solve the problem, for the fraud which characterizes many retail transactions in poverty areas is largely dependent on the buyers' ignorance of their legal rights and the lack of available counsel. Fur- ther, buyers rarely have the financial resources to bring or defend an action. The sums at stake are low in comparison to the expenses of litigation, and since the fruit of victory is no more than rescission of the contract, success will not provide a lawyer's compensation. As a result, garnishment and attachment are frequently utilized to satisfy the amounts purportedly due.4 Every state has criminal penalties intended to regulate commercial transactions in some measure, but hesitancy to initiate criminal action 1 Such practices include selling reconditioned items as new, substituting low quality goods on delivery for those agreed upon in the store, and levying illegal credit charges. Other more subtle devices are written into the contract. -
Competition and Consumer Protection Implications of Algorithms, Artificial
Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics Remarks at Competition and Consumer Protection in the 21st Century November 14, 2018 D. Bruce Hoffman Director, Bureau of Competition, U.S. Federal Trade Commission Introduction Good morning and welcome to the seventh FTC hearing on competition and consumer protection in the 21st century. This is an incredibly important series of events, and we have fantastic panelists who have important and interesting things to say. It will help us create a record that will be useful for a long time to come. Let me start by giving a couple of disclaimers. First, everything I say today in this brief introductory speech will be only my personal remarks, not necessarily the views of the Federal Trade Commission or any Commissioner. I also want to thank Howard Law School for hosting this event—it’s a pleasure to be here. The other disclaimer I need to give is that this event is being photographed and webcast. It will be posted to the FTC website, and by participating in this event, you consent to these terms. I thought I would start by talking briefly about why we are holding hearings on competition and consumer protection in the 21st century, and why we are doing a hearing on artificial intelligence. I know Professor Gavil mentioned this yesterday, and I’d like to echo the important educational purpose of these hearings. At the Federal Trade Commission, we are very much in study and learning mode on the issue of antitrust and its application to modern and developing technologies. -
The Centrality of Practical Reason: Dworkin and Kant
The centrality of practical reason: Dworkin and Kant In one of his latest books Justice for Hedgehogs (2011) Ronald Dworkin presents a thorough critique of contemporary ethical discourse. Explicitly his arguments mostly seek to undermine the main premises of metaethics, especially, the assumption that it is possible to think and talk about ethics from a neutral Archimedian position and to find its grounding in scientific or metaphysical facts. Moreover, he aims to present his own position as a specific revolution – a position which questions all the ways of approaching ethics that dominate or influence the field of moral philosophy since modern times, namely Descartes. There have been many attempts to criticize, question and evaluate this critique, its accuracy and extent.1 However, much less effort have been made to properly and comprehensively evaluate the constructive and potential side of Dworkin’s position. The main question that his critique of contemporary ethical discourse raises is ‘How should we approach ethical questions and problems?’ or ‘How should we do moral philosophy?’ Such questions are essential for the discourse itself. They should determine not only the shape and methods, but also the future and raison d’etre of ethical theory as such. Dworkin himself takes Hume to be the inspiration for his revolution. According to Dworkin, Hume’s distinction between fact and value gives us a clear guidance as to how we should proceed in ethical discourse. Dworkin develops this distinction as his main argument that ethics is an independent domain of thought. However, my paper argues, that despite Dworkin’s appeal of Hume, his position cannot be seen as Humean and is much more akin to Kant as there are several substantial conformities between their theories and premises. -
"Suggestions for Further Reading." Censorship Moments: Reading Texts in the History of Censorship and Freedom of Expression
"Suggestions for Further Reading." Censorship Moments: Reading Texts in the History of Censorship and Freedom of Expression. Ed. Geoff Kemp. London: Bloomsbury Academic, 2015. 195–202. Textual Moments in the History of Political Thought. Bloomsbury Collections. Web. 26 Sep. 2021. <>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 26 September 2021, 01:37 UTC. Copyright © Geoff Kemp and contributors 2015. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. Suggestions for Further Reading Given the substantial quantity of writing on most of the thinkers and many of the works covered in this volume, the following list is necessarily highly selective. For each work an attempt has been made to include a readily available reliable text in English (sometimes available online), in some cases a scholarly edition, and several works which help to contextualize the principal text and scholarly discussion of it. Plutarch’s Life of Cato Plutarch, ‘Marcus Cato’, in Plutarch’s Lives, accessible at www.perseus.tufts.edu/hopper/ text?doc=Perseus%3atext%3a2008.01.0013 [accessed 18 May 2014]. Alan E. Astin, Cato the Censor (Oxford: At the Clarendon Press, 1978). Arlene W. Saxonhouse, Free Speech and Athenian Democracy (Cambridge: Cambridge University Press, 2006). Robin Waterfield, Why Socrates Died: Dispelling the Myths (New York: Norton, 2009). Dana Villa, Socratic Citizenship (Princeton: Princeton University Press, 2001). Tacitus’s Annals Tacitus, The Annals, translated by A.J. Woodman (Indianapolis: Hackett Publishing Company, 2004). Shadi Bartsch, Actors in the Audience: Theatricality and Doublespeak from Nero to Hadrian (Cambridge: Harvard University Press, 1998). -
Sensocentrismo.-Ciencia-Y-Ética.Pdf
SENSOCENTRISMO CIENCIA Y ÉTICA Edición: 14/08/2018 “La experiencia viene a demostrarnos, desgraciadamente, cuán largo tiempo transcurrió antes de que miráramos como semejantes a los hombres que difieren considerablemente de nosotros por su apariencia y por sus hábitos. Una de las últimas adquisiciones morales parece ser la simpatía, extendiéndose más allá de los límites de la humanidad. [...] Esta virtud, una de las más nobles con que el hombre está dotado, parece surgir incidentalmente de nuestras simpatías volviéndose más sensibles y más ampliamente difundidas, hasta que se extienden a todos los seres sintientes.” — Charles Robert Darwin - 1 - Agradecimientos Agradezco la influencia inspiradora que me brindaron a largo de la conformación del libro a Jeremías, Carlos, Pedro, Ricardo, Steven, Jesús (el filósofo, no el carpintero), Carl e Isaac. Como así también la contribución intelectual y el apoyo de Iván, David, Facundo, María B., María F., Damián, Gonzalo y tantos otros. - 2 - Prólogo Como su tapa lo indica, este es un libro sobre sensocentrismo, la consideración moral centrada en la sintiencia. Para empezar, deberemos tratar la mente, conduciéndonos a la evolución. Hace 600 millones de años aparecen las mentes en nuestro planeta. Hasta antes no había nadie al que le importara, sufriera o disfrutara, lo que sucedía, no había «punto de vista», ni emoción ni cognición. Hace 2 millones de años, un linaje de monos originarios de África comenzaría gradualmente a comunicarse oralmente, compartir información mediante ondas mecánicas, sonidos, propagables en la atmósfera gaseosa (previamente producida por primitivos organismos fotosintéticos). Adquirirían cultura, información copiándose, sobreviviendo y evolucionando a través de las sucesivas generaciones parlanchinas, desde la prehistoria, y luego también escritoras. -
Environmental Ethics Anthropocentrism
Environmental Ethics Anthropocentrism Introduction Anthropcentrism is the world view that places human beings as the center of the cosmos Five Interconnected Themes: 1) natural order has a grand hierarchy (a “Great Chain of Being) 2) the ontological divide between human and nonhuman nature 3) nature as a machine 4) only humans beings have intrinsic value/nature has only instrumental value 5) the moral community is limited to human beings Thomas Aquinas (1225-1274) The Summa Contra Gentiles develops the ethical implications of the Great Chain of Being humans are closest to the likeness of God rational creatures exercise free will God bestows intrinsic value on rational creatures “Accordingly intellectual creatures are ruled by God, as though He cared for them for their own sake, while other creatures are ruled as being directed to rational creatures” (63) other creatures are slaves to their environment their actions casually determined by the environment thus human beings alone are morally considerable only human beings have freedom “he is free who is cause of himself . intellectual nature alone is free” human beings have the right to subjugate other beings below on the hierarchy “Hereby is refuted the error of those who said it is sinful for man to kill dumb animals: for by divine providence they are intended for man’s use in the natural order” (64) anticipating Kant, the only danger in killing dumb animals is that such behavior might lead to cruelty to human beings Francis Bacon (1561-1626) The Great Instauration focus of knowledge should be practical the improvement of the human condition knowledge is power over nature “the roads to human power and to human knowledge lie close together, and are nearly the same” this view of knowledge as power is stated more clearly in New Organon (1620) Title refers to Aristotle’s logical and methodological works known collectively as the Organon this will be a new organon, thus a new scientific method “Human knowledge and human power meet in one; for where the cause is not known the effect cannot be produced. -
Behavioral Law & Economics and Consumer Financ
Consumer Financial Protection Bureau Behavioral Economics Symposium Panel 2: Behavioral Law & Economics and Consumer Financial Protection The Role of Behavioral Economics in Consumer Protection Policy: Reflections of a Consumer Economist Janis K. Pappalardo, Ph.D.1 Assistant Director, Division of Consumer Protection Bureau of Economics, Federal Trade Commission Washington, DC September 19, 2019 1 The views expressed are those of the author and may not reflect the views of the Federal Trade Commission or any individual Commissioner. This statement draws from my prior work. I thank Jason Chen and Scott Syms for research assistance and many colleagues who have contributed to my understanding of this topic over the years, but I am responsible for any errors. Background on my Perspective Let me tell you a bit about my experience to shed light on my perspective. I joined the Federal Trade Commission’s Bureau of Economics, Division of Consumer Protection in 1986 immediately after obtaining a Ph.D. from Cornell University with a major field in consumer economics and minor fields in industrial organization and statistics. As a staff economist, I analyzed consumer protection legal and policy matters related to unfair or deceptive practices, provided expert declarations for litigation, and conducted research on information regulation. I have published work in the American Economic Review: Papers & Proceedings, Journal of Consumer Affairs, Antitrust Law Journal, Review of Industrial Organization, and Journal of Public Policy and Marketing, from which I received two outstanding article awards. I serve on the editorial review boards of the Journal of Consumer Affairs and the Journal of Public Policy and Marketing, and I am co-editing a symposium on the economics of consumer protection for Economic Inquiry. -
Model Family Financial Protection Act
Model Family Financial Protection Act By Robert J. Hobbs, April Kuehnhoff, and Chi Chi Wu National Consumer Law Center® Revised December 2020 © Copyright 2020, National Consumer Law Center, Inc. All rights reserved. ABOUT THE AUTHORS Robert J. Hobbs has specialized in consumer credit issues, with particular attention to fair debt collection practices, in his more than 30 years at the National Consumer Law Center, Inc. (NCLC). He writes NCLC’s popular treatise Fair Debt Collection (6th Ed.) and The Practice of Consumer Law (2nd Ed. 2006); he edited NCLC’s annual volumes, Consumer Law Pleadings. He testified on and proposed amendments adopted as part of ABOUT THE NATIONAL the Fair Debt Collection Practices Act and the Truth in Lending Act, and participated in the drafting of NCLC's CONSUMER LAW CENTER Model Consumer Credit Code (1974). He was the designated consumer representative in two Federal Trade Since 1969, the nonprofit Commission rulemakings to regulate creditor remedies and National Consumer Law Center® to preserve consumers' claims and defenses. He is an (NCLC®) has used its expertise NCLC Senior Fellow, former Deputy Director of NCLC; a in consumer law and energy former member of the Consumer Advisory Council to the Federal Reserve Board; a founder, former Director and policy to work for consumer Treasurer of the National Association of Consumer justice and economic security Advocates, Inc.; and a graduate of Vanderbilt University for low-income and other and of the Vanderbilt School of Law. disadvantaged people, in the April Kuehnhoff is a staff attorney at the National United States. NCLC’s expertise Consumer Law Center whose focus includes fair debt includes policy analysis and collection. -
The Use of Philosophers by the Supreme Court Neomi Raot
A Backdoor to Policy Making: The Use of Philosophers by the Supreme Court Neomi Raot The Supreme Court's decisions in Vacco v Quill' and Wash- ington v Glucksberg2 held that a state can ban assisted suicide without violating the Due Process or Equal Protection Clauses of the Fourteenth Amendment. In these high profile cases, six phi- losophers filed an amicus brief ("Philosophers'Brief') that argued for the recognition of a constitutional right to die.3 Although the brief was written by six of the most prominent American philoso- phers-Ronald Dworkin, Thomas Nagel, Robert Nozick, John Rawls, Thomas Scanlon, and Judith Jarvis Thomson-the Court made no mention of the brief in unanimously reaching the oppo- site conclusion.4 In light of the Court's recent failure to engage philosophical arguments, this Comment examines the conditions under which philosophy does and should affect judicial decision making. These questions are relevant in considering the proper role of the Court in controversial political questions and are central to a recent de- bate focusing on whether the law can still be considered an autonomous discipline that relies only on traditional legal sources. Scholars concerned with law and economics and critical legal studies have argued that the law is no longer autonomous, but rather that it does and should draw on many external sources in order to resolve legal disputes. Critics of this view have main- tained that legal reasoning is distinct from other disciplines, and that the law has and should maintain its own methods, conven- tions, and conclusions. This Comment follows the latter group of scholars, and ar- gues that the Court should, as it did in the right-to-die cases, stay clear of philosophy and base its decisions on history, precedent, and a recognition of the limits of judicial authority. -
Consumer Choice: the Rp Actical Reason for Both Antitrust and Consumer Protection Law Neil W
Loyola Consumer Law Review Volume 10 | Issue 1 Article 11 1998 Consumer Choice: The rP actical Reason for Both Antitrust and Consumer Protection Law Neil W. Averitt Attorney, Office ofo P licy & Evaluation, Bureau of Competition, Federal Trade Commission Robert H. Lande Prof., University of Baltimore School of Law, Baltimore, MD Follow this and additional works at: http://lawecommons.luc.edu/lclr Part of the Consumer Protection Law Commons Recommended Citation Neil W. Averitt & Robert H. Lande Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law, 10 Loy. Consumer L. Rev. 44 (1998). Available at: http://lawecommons.luc.edu/lclr/vol10/iss1/11 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. FEATURE ARTICLES Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law Neil W. Averitt, B.A. Harvard, M.Sc. London School of Economics, J.D. By Neil W. Averitt and Robert H. Lande Harvard, is an attorney in the Office of Policy & Evaluation, Bureau of Competi- tion, Federal Trade Commission. Mr. Averitt can be reached at <[email protected]>. This article is about the relationship between Robert H. Lande, B.A. Northwestern, antitrust and consumer protection law. Its M.P.P. Harvard, J.D. Harvard, is Professor purpose is to define each area of law, to delin- of Law, University of Baltimore School of Law. Mr. Lande can be reached at eate the boundary between them, to show how <[email protected]>. -
Unemployment Insurance Fraud Consumer Protection Guide September 21, 2020
U.S. Department of Justice National Unemployment Insurance Fraud Task Force Unemployment Insurance Fraud Consumer Protection Guide September 21, 2020 This guide provides information and resources for individuals on how to protect themselves from unemployment insurance fraud and steps they can take if they suspect they have had their identity exploited by criminals. The U.S. Secret Service, U.S. Department of Labor–Office of Inspector General (DOL-OIG), Federal Bureau of Investigation, Homeland Security Investigations, Internal Revenue Service–Criminal Investigation, U.S. Postal Inspection Service, Social Security Administration–Office of the Inspector General, and the U.S. Department of Homeland Security–Office of Inspector General, coordinating with the U.S. Department of Justice, are investigating numerous fraud schemes targeting the unemployment insurance (UI) programs of various state workforce agencies (SWAs) across the United States. Fraudsters, some of which are transnational criminal organizations, are using the stolen identities of U.S. citizens to open accounts and file fraudulent claims for UI benefits, exploiting the unprecedented expansion of these benefits provided in response to economic disruption caused by the COVID-19 pandemic. Members of the National UI Fraud Task Force are working with SWAs, financial institutions, and other law enforcement partners across the country to fight this type of fraud, and consumers should be vigilant in light of this threat and take appropriate steps to safeguard themselves. This guide -
The Case for Not Being Born the Antinatalist Philosopher David
The Case for Not Being Born The antinatalist philosopher David Benatar argues that it would be better if no one had children ever again. By Joshua Rothman November 27, 2017 David Benatar may be the world’s most pessimistic philosopher. An “antinatalist,” he believes that life is so bad, so painful, that human beings should stop having children for reasons of compassion. “While good people go to great lengths to spare their children from suffering, few of them seem to notice that the one (and only) guaranteed way to prevent all the suffering of their children is not to bring those children into existence in the first place,” he writes, in a 2006 book called “Better Never to Have Been: The Harm of Coming Into Existence.” In Benatar’s view, reproducing is intrinsically cruel and irresponsible—not just because a horrible fate can befall anyone, but because life itself is “permeated by badness.” In part for this reason, he thinks that the world would be a better place if sentient life disappeared altogether. For a work of academic philosophy, “Better Never to Have Been” has found an unusually wide audience. It has 3.9 stars on GoodReads, where one reviewer calls it “required reading for folks who believe that procreation is justified.” A few years ago, Nic Pizzolatto, the screenwriter behind “True Detective,” read the book and made Rust Cohle, Matthew McConaughey’s character, a nihilistic antinatalist. (“I think human consciousness is a tragic misstep in evolution,” Cohle says.) When Pizzolatto mentioned the book to the press, Benatar, who sees his own views as more thoughtful and humane than Cohle’s, emerged from an otherwise reclusive life to clarify them in interviews.