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ilanaprincilus06

Argentina Legalizes Abortion In Historic Senate Vote : NPR - 0 views

  • Argentina's Senate voted early Wednesday to legalize elective abortion, marking a historic shift in the heavily Catholic country that is the homeland of Pope Francis
  • the Senate passed the bill 38-29 with one abstention just over two weeks after the Chamber of Deputies, the lower house of Argentina's Congress, narrowly approved the measure.
  • "Today we took a huge step and we are getting closer to the Argentina we dream of. We are writing our destiny, we are making history."
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  • Argentina joins a small group of Latin American and Caribbean countries that have legalized elective abortion, including Uruguay, Cuba and Guyana.
  • in mid-November. Fernández, who was elected in late 2019, has been vocal about legalizing abortion during his presidency and says he will sign the measure.
  • "Today we are a better society that expands rights to women and guarantees public health," Fernández wrote after the legislation passed.
  • In 2018 and 2020, people backing the legalization have sported green clothing and often held or worn green bandannas — a visual that has become linked with the movement.
  • Despite being largely illegal throughout the region, about 5.4 million abortions occurred annually in Latin America and the Caribbean between 2015 and 2019, the Guttmacher Institute reported.
cvanderloo

Incest case attests that, in Costa Rica, abortion is legal in name only - 0 views

  • In Costa Rica, women have had the right to abortion since 1970. Well, more or less.
  • The concept of the “unpunished abortion”, established in article 121 of the penal code, permits the termination of a pregnancy as long the procedure is consensual, performed by a doctor (or, if necessary, by an authorised obstetrician), and is the only way to protect the life or health of the woman.
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      "therapeutic abortion"
  • For many women whose pregnancies constitute a physical or emotional risk – including women carrying deformed fetuses that will never survive outside the womb, rape victims, and pregnant girls – abortion is never an option.
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  • The case is in question involves a 12-year-old girl known under the pseudonym Andrea, who was impregnated by her father and prevented from terminating her pregnancy.
  • On the other, the majority-Catholic country is not secular. And abortion continues to be taboo for health-care workers.
  • Andrea is depressed, says her mother, barely eating, suffering extreme nausea from the pregnancy and – critically – says she does not want to have the baby.
  • The case demonstrates that even when confronted with a 12-year-old incest victim, who says that she wants to die and to abort her pregnancy, Costa Rica’s legal and medical establishment do not offer legal or medical responses
  • Other Central American countries, including Honduras, El Salvador and Nicaragua also violate women’s rights by outlawing abortion under any circumstances, even when a woman’s life is in danger.
  • The highly visible international cases of Ana and Aurora have compelled the Costa Rican government to write a technical norm that it insists will further enshrine legal protection for medical personnel who perform an abortion to avoid endangering the life and health of a pregnant woman.
  • And none too soon; stories of dangerous clandestine abortions circulate.
jmfinizio

Opinion: What Argentina's 'green handkerchief' movement is all about - CNN - 0 views

  • a majority of its Senate voted yes on a bill to legalize abortion up to 14 weeks into a pregnancy
  • President Alberto Fernández has pledged to sign the bill into law, which will make Argentina the largest nation in Latin America to legalize abortion
  • This victory comes after decades of feminist advocacy and a women's movement that has demanded its issues be understood as interconnected and overlapping.
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  • "It's also the notion that women are whole,
  • The symbol of this movement has been the green handkerchief, and it has spread across Latin America to symbolize a commitment to women's rights.
  • women's lives aren't segmented into political buckets.
  • women with fewer means -- often rural, indigenous, and poor women -- have fewer options,
  • All of those women, but most often the poor ones, risk being maimed or dying if an unsafe abortion goes wrong
  • unsafe abortion remains a leading cause of maternal mortality worldwide and women die from unsafe abortions in the highest numbers in nations where it is illegal or difficult to access
  • Legalizing abortion could have broad ripple effects from Brazil to Chile to Colombia and beyond
  • this shows "that we can overcome and resist and continue fighting and eventually succeed, even in the oddest of circumstances possible."
Javier E

Lawyer Who Used ChatGPT Faces Penalty for Made Up Citations - The New York Times - 0 views

  • “I did not comprehend that ChatGPT could fabricate cases,” he told Judge Castel.
  • At times during the hearing, Mr. Schwartz squeezed his eyes shut and rubbed his forehead with his left hand. He stammered and his voice dropped. He repeatedly tried to explain why he did not conduct further research into the cases that ChatGPT had provided to him.
  • For nearly two hours Thursday, Mr. Schwartz was grilled by a judge in a hearing ordered after the disclosure that the lawyer had created a legal brief for a case in Federal District Court that was filled with fake judicial opinions and legal citations, all generated by ChatGPT.
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  • “I continued to be duped by ChatGPT. It’s embarrassing,” Mr. Schwartz said.
  • As Mr. Schwartz answered the judge’s questions, the reaction in the courtroom, crammed with close to 70 people who included lawyers, law students, law clerks and professors, rippled across the benches. There were gasps, giggles and sighs. Spectators grimaced, darted their eyes around, chewed on pens.
  • “This case has reverberated throughout the entire legal profession,” said David Lat, a legal commentator. “It is a little bit like looking at a car wreck.”
  • The episode, which arose in an otherwise obscure lawsuit, has riveted the tech world, where there has been a growing debate about the dangers — even an existential threat to humanity — posed by artificial intelligence. It has also transfixed lawyers and judges.
  • Avianca asked Judge Castel to dismiss the lawsuit because the statute of limitations had expired. Mr. Mata’s lawyers responded with a 10-page brief citing more than half a dozen court decisions, with names like Martinez v. Delta Air Lines, Zicherman v. Korean Air Lines and Varghese v. China Southern Airlines, in support of their argument that the suit should be allowed to proceed.After Avianca’s lawyers could not locate the cases, Judge Castel ordered Mr. Mata’s lawyers to provide copies. They submitted a compendium of decisions.It turned out the cases were not real.
  • Mr. Schwartz, who has practiced law in New York for 30 years, said in a declaration filed with the judge this week that he had learned about ChatGPT from his college-aged children and from articles, but that he had never used it professionally.He told Judge Castel on Thursday that he had believed ChatGPT had greater reach than standard databases.“I heard about this new site, which I falsely assumed was, like, a super search engine,” Mr. Schwartz said.
  • Irina Raicu, who directs the internet ethics program at Santa Clara University, said this week that the Avianca case clearly showed what critics of such models have been saying, “which is that the vast majority of people who are playing with them and using them don’t really understand what they are and how they work, and in particular what their limitations are.”
  • “This case has changed the urgency of it,” Professor Roiphe said. “There’s a sense that this is not something that we can mull over in an academic way. It’s something that has affected us right now and has to be addressed.”
  • In the declaration Mr. Schwartz filed this week, he described how he had posed questions to ChatGPT, and each time it seemed to help with genuine case citations. He attached a printout of his colloquy with the bot, which shows it tossing out words like “sure” and “certainly!”After one response, ChatGPT said cheerily, “I hope that helps!”
carolinewren

If Evolution Has Implications for Religion, Can We Justify Teaching It in Public School... - 0 views

  • Evolutionary biology is a science, so it can be legally taught in public schools when it's treated as a science and isn't promoted as a support for atheism or materialism.
  • few would deny that Darwinian evolution has larger implications that aren't friendly to theism
  • the Court held in Lynch v. Donnelly that "not every law that confers an indirect, remote, or incidental benefit upon [religion] is, for that reason alone, constitutionally invalid"
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  • Do the larger religious (or anti-religious) implications of a scientific theory make it inadmissible for instruction in public schools? They shouldn't.
  • just because we're declaring the teaching of evolution to be constitutional doesn't mean we that it has no connections to religion
  • while it may sound odd to hear that we can (sometimes) declare something constitutional to teach in public schools even though it touches upon religion, there's good legal precedent for such a finding.
  • a government policy establishes religion if its "principal or primary effect" is one that "advances or inhibits" religion.
  • the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion
  • a government policy is unconstitutional if it has a "primary" or "principal" effect that advances (or inhibits) religion. However, in light of this second part, the Supreme Court has also developed a legal doctrine called the "incidental effects" or "secondary effects" doctrine which says that government law or policy may have "secondary" or "incidental" effects that touch upon religion and not violate the Establishment Clause.
  • Secondary effects that touch upon religion are not constitutionally fatal.
  • the conversation focuses strictly on the science, the implications are still there.
  • one can legally justify teaching evolution while being sensitive to the fact that it has larger implications that touch upon the religious beliefs of many Americans.
  • evolutionary biology is based upon science, when we teach it as a science, the primary effect is to advance scientific knowledge.
  • a scientific theory like evolution does speak to ultimate questions about origins, which are also addressed by religion
  • it certainly touches upon religious questions. But when we discuss Darwinian evolution strictly on a scientific level, any effects upon religion are "secondary" or "incidental" compared to their primary effect of advancing scientific knowledge.
  • if creation science were a scientific theory, it could have been taught because any its touching upon religion would have been a secondary effect
  • approach was also followed in Crowley v. Smithsonian Institution, where a federal judge rejected arguments that Smithsonian exhibits on evolution established "secular humanism" because the "impact [on religion] is at most incidental to the primary effect of presenting a body of scientific knowledge"
  • Because evolution is based upon science, any effects upon religion would not bar its teaching.
  • [I]f a theory has scientific value and evidence to support it, its primary effect would be to advance knowledge of the natural world, not to advance religion
  • ultimate goal of schools is to educate students. Where a theory has scientific value and supporting evidence, it provides a basis for knowledge. Whether it coincidentally advances religion should not matter.
  • if government aid "is allocated on the basis of neutral, secular criteria that neither favor nor disfavor religion, and is made available to both religious and secular beneficiaries on a nondiscriminatory basis," then any effects upon religion are merely incidental.
  • best of both worlds. It allows science to be taught in the science classroom while respecting the beliefs of people who have religious objections to evolution.
grayton downing

Three-Way Parenthood | The Scientist Magazine® - 0 views

  • The ability to manipulate human reproduction was viewed in many circles as an attack on the traditional family and an odious attempt to assert human dominion over nature. Terms such as “designer babies” and “playing God” were commonly applied to IVF.
  • proposed the concept of a “three-parent” fertility procedure to treat mitochondrial disorders
  • prevent defective mtDNA from being passed from mother to child, scientists in the U.K. are planning to offer a “three-parent” fertility procedure.
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  • potential for creating children from multiple parents is not limited to the halting of the passage of mitochondrial disorders.
  • these genetic engineering procedures raise both legal and ethical concerns. Legal issues include: Who are the legal parents of a child generated from genetic material obtained from multiple donors? Would such a child have the right to know the identity of all his gene donors? In an article to be published in the Harvard Journal of Law and Gender (in press), we propose a legal solution to address some of these issues
  • many ethical concerns raised by such technologies is whether these advances in reproductive medicine could lead to the creation of “designer babies,” in which parents select the genetic composition of their children for enhancement or for health reasons. The fear in creating designer babies is that it may herald a new era of “consumer eugenics” with potentially unknown consequences for humankind.
Javier E

The Threat of Motivated Reasoning In-and To-The Legal System - 1 views

  • It does three things—1) explains what motivated reasoning is; 2) explains how it’s threatening to the legal system (because motivated/biased interpretations of court findings and opinions by opposed groups of citizens threaten the very idea of court neutrality); and 3) takes a look at the Supreme Court’s 2010 term (and one bizarre Scalia dissent in particular) in this context.
  • There is thus an inherent risk that citizens will perceive decisions that threaten their group commitments to be a product of judicial bias. The outcomes might strike them as so patently inconsistent with the facts, or with controlling legal principles, that they are impelled to infer bad faith.
  • Kahan suggests it undermines the justice system if battling groups of advocates (say, the American Constitution Society and the Federalist Society) are constantly blasting court opinions from diametrically opposed perspectives, and using motivated reasoning to do so. At some point, as this continues, you wind up legitimating the claim that really, courts don’t know anything special or have any particular expertise—it’s all just opinion, and biased opinion at that. This precipitates a “neutrality crisis” over whether courts can really judge fairly.
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  • Scalia’s opinion thus makes the neutrality problem even worse—because it suggests it’s all bias, all the way down, even for the most professional of us. Is that true? And how do you preserve neutral courts–or, to switch to another sector, trust in the findings of the scientific community–if that is indeed the case?
Javier E

Lawsuit Against Fox Is Shaping Up to Be a Major First Amendment Case - The New York Times - 0 views

  • The case threatens a huge financial and reputational blow to Fox, by far the most powerful conservative media company in the country. But legal scholars say it also has the potential to deliver a powerful verdict on the kind of pervasive and pernicious falsehoods — and the people who spread them — that are undermining the country’s faith in democracy.
  • “We’re litigating history in a way: What is historical truth?” said Lee Levine, a noted First Amendment lawyer
  • “Here you’re taking very recent current events and going through a process which, at the end, is potentially going to declare what the correct version of history is.”
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  • The case has caused palpable unease at the Fox News Channel, said several people there,
  • Dominion is trying to build a case that aims straight at the top of the Fox media empire and the Murdochs. In court filings and depositions, Dominion lawyers have laid out how they plan to show that senior Fox executives hatched a plan after the election to lure back viewers who had switched to rival hard-right networks, which were initially more sympathetic than Fox was to Mr. Trump’s voter-fraud claims.
  • Libel law doesn’t protect lies. But it does leave room for the media to cover newsworthy figures who tell them. And Fox is arguing, in part, that’s what shields it from liability.
  • “The harm to Dominion from the lies told by Fox is unprecedented and irreparable because of how fervently millions of people believed them — and continue to believe them,”
  • For Dominion to convince a jury that Fox should be held liable for defamation and pay damages, it has to clear an extremely high legal bar known as the “actual malice” standard. Dominion must show either that people inside Fox knew what hosts and guests were saying about the election technology company was false, or that they effectively ignored information proving that the statements in question were wrong — which is known in legal terms as displaying a reckless disregard for the truth.
  • Dominion’s lawyers have focused some of their questioning in depositions on the decision-making hierarchy at Fox News, according to one person with direct knowledge of the case, showing a particular interest in what happened on election night inside the network in the hours after it projected Mr. Trump would lose Arizona.
  • Fox has also been searching for evidence that could, in effect, prove the Dominion conspiracy theories weren’t really conspiracy theories. Behind the scenes, Fox’s lawyers have pursued documents that would support numerous unfounded claims about Dominion, including its supposed connections to Hugo Chávez, the Venezuelan dictator who died in 2013, and software features that were ostensibly designed to make vote manipulation easier.
  • In one interview, Mr. Giuliani falsely claimed that Dominion was owned by a Venezuelan company with close ties to Mr. Chavez, and that it was formed “to fix elections.” (Dominion was founded in Canada in 2002 by a man who wanted to make it easier for blind people to vote.)
  • A spokesman for Dominion declined to comment. In its initial complaint, the company’s lawyers wrote that “The truth matters,” adding, “Lies have consequences.”
  • he hurdle Dominion must clear is whether it can persuade a jury to believe that people at Fox knew they were spreading lies.“Disseminating ‘The Big Lie’ isn’t enough,” said RonNell Andersen Jones, a law professor and First Amendment scholar at the University of Utah’s S.J. Quinney College of Law. “It has to be a knowing lie.”
Javier E

Lawyers With Lowest Pay Report More Happiness - NYTimes.com - 0 views

  • Researchers who surveyed 6,200 lawyers about their jobs and health found that the factors most frequently associated with success in the legal field, such as high income or a partner-track job at a prestigious firm, had almost zero correlation with happiness and well-being. However, lawyers in public-service jobs who made the least money, like public defenders or Legal Aid attorneys, were most likely to report being happy.
  • the two groups reported about equal overall satisfaction with their lives.
  • The problem with the more prestigious jobs, said Mr. Krieger, is that they do not provide feelings of competence, autonomy or connection to others
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  • A landmark Johns Hopkins study in 1990 found that lawyers were 3.6 times as likely as non-lawyers to suffer from depression, putting them at greater risk than people in any other occupation. In December, Yale Law School released a study that said 70 percent of its students were affected by mental health issues.
  • From 1999 to 2007, lawyers were 54 percent more likely to commit suicide than people in other profession
  • the job requires an unhealthy degree of cynicism. “Research shows that an optimistic outlook is good for your mental health,” said Patricia Spataro, director of the New York State Lawyer Assistance Program, a resource for attorneys with mental health concerns. “But lawyers are trained to always look for the worst-case scenario. They benefit more from being pessimistic, and that takes a toll.”
  • the pressure to be hired by a big-name firm is so strongly ingrained in law school culture, one George Washington University student said, that even those who enroll with the intention of performing public service often find themselves redirected.
  • “It’s a very real pressure in law school,” Helen Clemens, the law student, said. “It comes from all kinds of avenues, but mostly I would say it just comes from the people surrounding you. If everyone is talking about leaders from our school who have gotten jobs at a really prestigious firm, the assumption is that we all should be trying to work at a similar place.”
Javier E

The 'Safe, Legal, Rare' Illusion - NYTimes.com - 1 views

  • it’s easy to forget that there is at least some common ground in American politics on sex, pregnancy, marriage and abortion.
  • Even the most pro-choice politicians, for instance, usually emphasize that they want to reduce the need for abortion, and make the practice rare as well as safe and legal
  • both Democrats and Republicans generally agree that the country would be better off with fewer pregnant teenagers, fewer unwanted children, fewer absent fathers, fewer out-of-wedlock births.
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  • The problem with the conservative story is that it doesn’t map particularly well onto contemporary mores and life patterns. A successful chastity-centric culture seems to depend on a level of social cohesion, religious intensity and shared values that exists only in small pockets of the country. Mormon Utah, for instance, largely lives up to the conservative ideal, with some of America’s lowest rates of teenage pregnancies, out-of-wedlock births and abortions. But many other socially conservative regions (particularly in the South) feature higher rates of unwed and teenage parenthood than in the country as a whole.
  • The conservative narrative, by contrast, argues that it’s more important to promote chastity, monogamy and fidelity than to worry about whether there’s a prophylactic in every bedroom drawer or bathroom cabinet. To the extent that contraceptive use has a significant role in the conservative vision (and obviously there’s some Catholic-Protestant disagreement), it’s in the context of already stable, already committed relationships. Monogamy, not chemicals or latex, is the main line of defense against unwanted pregnancies.
  • The liberal vision tends to emphasize access to contraception as the surest path to stable families, wanted children and low abortion rates. The more direct control that women have over when and whether sex makes babies, liberals argue, the less likely they’ll be to get pregnant at the wrong time and with the wrong partner — and the less likely they’ll be to even consider having an abortion
  • if liberal social policies really led inexorably to fewer unplanned pregnancies and thus fewer abortions, you would expect “blue” regions of the country to have lower teen pregnancy rates and fewer abortions per capita than demographically similar “red” regions. But that isn’t what the data show. Instead, abortion rates are frequently higher in more liberal states, where access is often largely unrestricted, than in more conservative states, which are more likely to have parental consent laws, waiting periods, and so on.
  • liberal states don’t necessarily do better than conservative ones at preventing teenagers from getting pregnant in the first place. Instead, the lower teenage birth rates in many blue states are mostly just a consequence of (again) their higher abortion rates.
  • These are realities liberals should keep in mind when tempted to rail against conservatives for rejecting the intuitive-seeming promise of “more condoms, fewer abortions.” What’s intuitive isn’t always true, and if social conservatives haven’t figured out how to make all good things go together in post-sexual-revolution America, neither have social liberals.
Javier E

Economics of Good and Evil: The Quest for Economic Meaning from Gilgamesh to Wall Stree... - 1 views

  • Instead of self-confident and self-centered answers, the author humbly asks fundamental questions: What is economics? What is its meaning? Where does this new religion, as it is sometimes called, come from? What are its possibilities and its limitations and borders, if there are any? Why are we so dependent on permanent growing of growth and growth of growing of growth? Where did the idea of progress come from, and where is it leading us? Why are so many economic debates accompanied by obsession and fanaticism?
  • The majority of our political parties act with a narrow materialistic focus when, in their programs, they present the economy and finance first; only then, somewhere at the end, do we find culture as something pasted on or as a libation for a couple of madmen.
  • most of them—consciously or unconsciously—accept and spread the Marxist thesis of the economic base and the spiritual superstructure.
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  • He tries to break free of narrow specialization and cross the boundaries between scientific disciplines. Expeditions beyond economics’ borders and its connection to history, philosophy, psychology, and ancient myths are not only refreshing, but necessary for understanding the world of the twenty-first century.
  • Reality is spun from stories, not from material. Zdeněk Neubauer
  • Before it was emancipated as a field, economics lived happily within subsets of philosophy—ethics, for example—miles away from today’s concept of economics as a mathematical-allocative science that views “soft sciences” with a scorn born from positivistic arrogance. But our thousand-year “education” is built on a deeper, broader, and oftentimes more solid base. It is worth knowing about.
  • Outside of our history, we have nothing more.
  • The study of the history of a certain field is not, as is commonly held, a useless display of its blind alleys or a collection of the field’s trials and errors (until we got it right), but history is the fullest possible scope of study of a menu that the given field can offer.
  • History of thought helps us to get rid of the intellectual brainwashing of the age, to see through the intellectual fashion of the day, and to take a couple of steps back.
  • “The separation between the history of a science, its philosophy, and the science itself dissolves into thin air, and so does the separation between science and non-science; differences between the scientific and unscientific are vanishing.”
  • we seek to chart the development of the economic ethos. We ask questions that come before any economic thinking can begin—both philosophically and, to a degree, historically. The area here lies at the very borders of economics—and often beyond. We may refer to this as protoeconomics (to borrow a term from protosociology) or, perhaps more fittingly, metaeconomics (to borrow a term from metaphysics).
  • stories; Adam Smith believed. As he puts it in The Theory of Moral Sentiments, “the desire of being believed, or the desire of persuading, of leading and directing other people, seems to be one of the strongest of all our natural desires.”
  • “The human mind is built to think in terms of narratives … in turn, much of human motivation comes from living through a story of our lives, a story that we tell to ourselves and that creates a framework of our motivation. Life could be just ‘one damn thing after another’ if it weren’t for such stories. The same is true for confidence in a nation, a company, or an institution. Great leaders are foremost creators of stories.”
  • contrary to what our textbooks say, economics is predominantly a normative field. Economics not only describes the world but is frequently about how the world should be (it should be effective, we have an ideal of perfect competition, an ideal of high-GDP growth in low inflation, the effort to achieve high competitiveness …). To this end, we create models, modern parables,
  • I will try to show that mathematics, models, equations, and statistics are just the tip of the iceberg of economics; that the biggest part of the iceberg of economic knowledge consists of everything else; and that disputes in economics are rather a battle of stories and various metanarratives than anything else.
  • That is the reason for this book: to look for economic thought in ancient myths and, vice versa, to look for myths in today’s economics.
  • is a paradox that a field that primarily studies values wants to be value-free. One more paradox is this: A field that believes in the invisible hand of the market wants to be without mysteries.
  • Almost all of the key concepts by which economics operates, both consciously and unconsciously, have a long history, and their roots extend predominantly outside the range of economics, and often completely beyond that of science.
  • The History of Animal Spirits: Dreams Never Sleep
  • In this sense, “the study of economics is too narrow and too fragmentary to lead to valid insight, unless complemented and completed by a study of metaeconomics.”17
  • The more important elements of a culture or field of inquiry such as economics are found in fundamental assumptions that adherents of all the various systems within the epoch unconsciously presuppose. Such assumptions appear so obvious that people do not know what they are assuming, because no other way of putting things has ever occurred to them, as the philosopher Alfred Whitehead notes in Adventures of Ideas.
  • I argue that economic questions were with mankind long before Adam Smith. I argue that the search for values in economics did not start with Adam Smith but culminated with him.
  • We should go beyond economics and study what beliefs are “behind the scenes,” ideas that have often become the dominant yet unspoken assumptions in our theories. Economics is surprisingly full of tautologies that economists are predominantly unaware of. I
  • argue that economics should seek, discover, and talk about its own values, although we have been taught that economics is a value-free science. I argue that none of this is true and that there is more religion, myth, and archetype in economics than there is mathematics.
  • In a way, this is a study of the evolution of both homo economicus and, more importantly, the history of the animal spirits within him. This book tries to study the evolution of the rational as well as the emotional and irrational side of human beings.
  • I argue that his most influential contribution to economics was ethical. His other thoughts had been clearly expressed long before him, whether on specialization, or on the principle of the invisible hand of the market. I try to show that the principle of the invisible hand of the market is much more ancient and developed long before Adam Smith. Traces of it appear even in the Epic of Gilgamesh, Hebrew thought, and in Christianity, and it is expressly stated by Aristophanes and Thomas Aquinas.
  • This is not a book on the thorough history of economic thought. The author aims instead to supplement certain chapters on the history of economic thought with a broader perspective and analysis of the influences that often escape the notice of economists and the wider public.
  • Progress (Naturalness and Civilization)
  • The Economy of Good and Evil
  • from his beginnings, man has been marked as a naturally unnatural creature, who for unique reasons surrounds himself with external possessions. Insatiability, both material and spiritual, are basic human metacharacteristics, which appear as early as the oldest myths and stories.
  • the Hebrews, with linear time, and later the Christians gave us the ideal (or amplified the Hebrew ideal) we now embrace. Then the classical economists secularized progress. How did we come to today’s progression of progress, and growth for growth’s sake?
  • The Need for Greed: The History of Consumption and Labor
  • Metamathematics From where did economics get the concept of numbers as the very foundation of the world?
  • mathematics at the core of economics, or is it just the icing of the cake, the tip of the iceberg of our field’s inquiry?
  • idea that we can manage to utilize our natural egoism, and that this evil is good for something, is an ancient philosophical and mythical concept. We will also look into the development of the ethos of homo economicus, the birth of “economic man.”
  • All of economics is, in the end, economics of good and evil. It is the telling of stories by people of people to people. Even the most sophisticated mathematical model is, de facto, a story, a parable, our effort to (rationally) grasp the world around us.
  • Masters of the Truth
  • Originally, truth was a domain of poems and stories, but today we perceive truth as something much more scientific, mathematical. Where does one go (to shop) for the truth? And who “has the truth” in our epoch?
  • Our animal spirits (something of a counterpart to rationality) are influenced by the archetype of the hero and our concept of what is good.
  • The entire history of ethics has been ruled by an effort to create a formula for the ethical rules of behavior. In the final chapter we will show the tautology of Max Utility, and we will discuss the concept of Max Good.
  • The History of the Invisible Hand of the Market and Homo Economicus
  • We understand “economics” to mean a broader field than just the production, distribution, and consumption of goods and services. We consider economics to be the study of human relations that are sometimes expressible in numbers, a study that deals with tradables, but one that also deals with nontradables (friendship, freedom, efficiency, growth).
  • When we mention economics in this book, we mean the mainstream perception of it, perhaps as best represented by Paul Samuelson.
  • By the term homo economicus, we mean the primary concept of economic anthropology. It comes from the concept of a rational individual, who, led by narrowly egotistical motives, sets out to maximize his benefit.
  • the Epic of Gilgamesh bears witness to the opposite—despite the fact that the first written clay fragments (such as notes and bookkeeping) of our ancestors may have been about business and war, the first written story is mainly about great friendship and adventure.
  • there is no mention of either money or war; for example, not once does anyone in the whole epic sell or purchase something.5 No nation conquers another, and we do not encounter a mention even of the threat of violence.
  • is a story of nature and civilization, of heroism, defiance, and the battle against the gods, and evil; an epic about wisdom, immortality, and also futility.
  • Gilgamesh becomes a hero not only due to his strength, but also due to discoveries and deeds whose importance were in large part economic—direct gaining of construction materials in the case of felling the cedar forest, stopping Enkidu from devastating Uruk’s economy, and discovering new desert routes during his expeditions.
  • Even today, we often consider the domain of humanity (human relations, love, friendship, beauty, art, etc.) to be unproductive;
  • Even today we live in Gilgamesh’s vision that human relations—and therefore humanity itself—are a disturbance to work and efficiency; that people would perform better if they did not “waste” their time and energy on nonproductive things.
  • But it is in friendship where—often by-the-way, as a side product, an externality—ideas and deeds are frequently performed or created that together can altogether change the face of society.19 Friendship can go against an ingrained system in places where an individual does not have the courage to do so himself or herself.
  • As Joseph Stiglitz says, One of the great “tricks” (some say “insights”) of neoclassical economics is to treat labour like any other factor of production. Output is written as a function of inputs—steel, machines, and labour. The mathematics treats labour like any other commodity, lulling one into thinking of labour like an ordinary commodity, such as steel or plastic.
  • Even the earliest cultures were aware of the value of cooperation on the working level—today we call this collegiality, fellowship, or, if you want to use a desecrated term, comradeship. These “lesser relationships” are useful and necessary for society and for companies because work can be done much faster and more effectively if people get along with each other on a human level
  • But true friendship, which becomes one of the central themes of the Epic of Gilgamesh, comes from completely different material than teamwork. Friendship, as C. S. Lewis accurately describes it, is completely uneconomical, unbiological, unnecessary for civilization, and an unneeded relationship
  • Here we have a beautiful example of the power of friendship, one that knows how to transform (or break down) a system and change a person. Enkidu, sent to Gilgamesh as a punishment from the gods, in the end becomes his faithful friend, and together they set out against the gods. Gilgamesh would never have gathered the courage to do something like that on his own—nor would Enkidu.
  • Due to their friendship, Gilgamesh and Enkidu then intend to stand up to the gods themselves and turn a holy tree into mere (construction) material they can handle almost freely, thereby making it a part of the city-construct, part of the building material of civilization, thus “enslaving” that which originally was part of wild nature. This is a beautiful proto-example of the shifting of the borders between the sacred and profane (secular)—and to a certain extent also an early illustration of the idea that nature is there to provide cities and people with raw material and production resources.
  • started with Babylonians—rural nature becomes just a supplier of raw materials, resources (and humans the source of human resources). Nature is not the garden in which humans were created and placed, which they should care for and which they should reside in, but becomes a mere reservoir for natural (re)sources.
  • But labour is unlike any other commodity. The work environment is of no concern for steel; we do not care about steel’s well-being.16
  • Both heroes change—each from opposite poles—into humans. In this context, a psychological dimension to the story may be useful: “Enkidu (…) is Gilgamesh’s alter ego, the dark, animal side of his soul, the complement to his restless heart. When Gilgamesh found Enkidu, he changed from a hated tyrant into the protector of his city. (…)
  • To be human seems to be somewhere in between, or both of these two. We
  • this moment of rebirth from an animal to a human state, the world’s oldest preserved epic implicitly hints at something highly important. Here we see what early cultures considered the beginning of civilization. Here is depicted the difference between people and animals or, better, savages. Here the epic quietly describes birth, the awakening of a conscious, civilized human. We are witnesses to the emancipation of humanity from animals,
  • The entire history of culture is dominated by an effort to become as independent as possible from the whims of nature.39 The more developed a civilization is, the more an individual is protected from nature and natural influences and knows how to create around him a constant or controllable environment to his liking.
  • The price we pay for independence from the whims of nature is dependence on our societies and civilizations. The more sophisticated a given society is as a whole, the less its members are able to survive on their own as individuals, without society.
  • The epic captures one of the greatest leaps in the development of the division of labor. Uruk itself is one of the oldest cities of all, and in the epic it reflects a historic step forward in specialization—in the direction of a new social city arrangement. Because of the city wall, people in the city can devote themselves to things other than worrying about their own safety, and they can continue to specialize more deeply.
  • Human life in the city gains a new dimension and suddenly it seems more natural to take up issues going beyond the life span of an individual. “The city wall symbolizes as well as founds the permanence of the city as an institution which will remain forever and give its inhabitants the certainty of unlimited safety, allowing them to start investing with an outlook reaching far beyond the borders of individual life.
  • The wall around the city of Uruk is, among other things, a symbol of an internal distancing from nature, a symbol of revolts against submission to laws that do not come under the control of man and that man can at most discover and use to his benefit.
  • “The chief thing which the common-sense individual wants is not satisfactions for the wants he had, but more, and better wants.”47
  • If a consumer buys something, theoretically it should rid him of one of his needs—and the aggregate of things they need should be decreased by one item. In reality, though, the aggregate of “I want to have” expands together with the growing aggregate of “I have.”
  • can be said that Enkidu was therefore happy in his natural state, because all of his needs were satiated. On the other hand, with people, it appears that the more a person has, the more developed and richer, the greater the number of his needs (including the unsaturated ones).
  • the Old Testament, this relationship is perceived completely differently. Man (humanity) is created in nature, in a garden. Man was supposed to care for the Garden of Eden and live in harmony with nature and the animals. Soon after creation, man walks naked and is not ashamed, de facto the same as the animals. What is characteristic is that man dresses (the natural state of creation itself is not enough for him), and he (literally and figuratively) covers52 himself—in shame after the fall.53
  • Nature is where one goes to hunt, collect crops, or gather the harvest. It is perceived as the saturator of our needs and nothing more. One goes back to the city to sleep and be “human.” On the contrary, evil resides in nature. Humbaba lives in the cedar forest, which also happens to be the reason to completely eradicate it.
  • Symbolically, then, we can view the entire issue from the standpoint of the epic in the following way: Our nature is insufficient, bad, evil, and good (humane) occurs only after emancipation from nature (from naturalness), through culturing and education. Humanity is considered as being in civilization.
  • The city was frequently (at least in older Jewish writings) a symbol of sin, degeneration, and decadence—nonhumanity. The Hebrews were originally a nomadic nation, one that avoided cities. It is no accident that the first important city57 mentioned in the Bible is proud Babylon,58 which God later turns to dust.
  • is enough, for example, to read the Book of Revelation to see how the vision of paradise developed from the deep Old Testament period, when paradise was a garden. John describes his vision of heaven as a city—paradise is in New Jerusalem, a city where the dimensions of the walls(!) are described in detail, as are the golden streets and gates of pearl.
  • Hebrews later also chose a king (despite the unanimous opposition of God’s prophets) and settled in cities, where they eventually founded the Lord’s Tabernacle and built a temple for Him. The city of Jerusalem later gained an illustrious position in all of religion.
  • this time Christianity (as well as the influence of the Greeks) does not consider human naturalness to be an unambiguous good, and it does not have such an idyllic relationship to nature as the Old Testament prophets.
  • If a tendency toward good is not naturally endowed in people, it must be imputed from above through violence or at least the threat of violence.
  • If we were to look at human naturalness as a good, then collective social actions need a much weaker ruling hand. If people themselves have a natural tendency (propensity) toward good, this role does not have to be supplied by the state, ruler, or, if you wish, Leviathan.
  • How does this affect economics?
  • us return for the last time to the humanization of the wild Enkidu, which is a process we can perceive with a bit of imagination as the first seed of the principle of the market’s invisible hand, and therefore the parallels with one of the central schematics of economic thinking.
  • Sometimes it is better to “harness the devil to the plow” than to fight with him. Instead of summoning up enormous energy in the fight against evil, it is better to use its own energy to reach a goal we desire; setting up a mill on the turbulent river instead of futile efforts to remove the current. This is also how Saint Prokop approached it in one of the oldest Czech legends.
  • Enkidu caused damage and it was impossible to fight against him. But with the help of a trap, trick, this evil was transformed into something that greatly benefited civilization.
  • By culturing and “domesticating” Enkidu, humanity tamed the uncontrollable wild and chaotic evil
  • Enkidu devastated the doings (the external, outside-the-walls) of the city. But he was later harnessed and fights at the side of civilization against nature, naturalness, the natural state of things.
  • A similar motif appears a thousand years after the reversal, which is well known even to noneconomists as the central idea of economics: the invisible hand of the market.
  • A similar story (reforming something animally wild and uncultivated in civilizational achievement) is used by Thomas Aquinas in his teachings. Several centuries later, this idea is fully emancipated in the hands of Bernard Mandeville and his Fable of the Bees: or, Private Vices, Publick Benefits. The economic and political aspects of this idea are—often incorrectly—ascribed to Adam Smith.
  • Here the individual does not try anymore to maximize his goods or profits, but what is important is writing his name in human memory in the form of heroic acts or deeds.
  • immortality, one connected with letters and the cult of the word: A name and especially a written name survives the body.”77
  • After this disappointment, he comes to the edge of the sea, where the innkeeper Siduri lives. As tonic for his sorrow, she offers him the garden of bliss, a sort of hedonistic fortress of carpe diem, where a person comes to terms with his mortality and at least in the course of the end of his life maximizes earthly pleasures, or earthly utility.
  • In the second stage, after finding his friend Enkidu, Gilgamesh abandons the wall and sets out beyond the city to maximalize heroism. “In his (…) search of immortal life, Gilgamesh
  • The hero refuses hedonism in the sense of maximizing terrestrial pleasure and throws himself into things that will exceed his life. In the blink of an eye, the epic turns on its head the entire utility maximization role that mainstream economics has tirelessly tried to sew on people as a part of their nature.81
  • It is simpler to observe the main features of our civilization at a time when the picture was more readable—at a time when our civilization was just being born and was still “half-naked.” In other words, we have tried to dig down to the bedrock of our written civilization;
  • today remember Gilgamesh for his story of heroic friendship with Enkidu, not for his wall, which no longer reaches monumental heights.
  • the eleventh and final tablet, Gilgamesh again loses what he sought. Like Sisyphus, he misses his goal just before the climax
  • is there something from it that is valid today? Have we found in Gilgamesh certain archetypes that are in us to this day?
  • The very existence of questions similar to today’s economic ones can be considered as the first observation. The first written considerations of the people of that time were not so different from those today. In other words: The epic is understandable for us, and we can identify with it.
  • We have also been witnesses to the very beginnings of man’s culturing—a great drama based on a liberation and then a distancing from the natural state.
  • Let us take this as a memento in the direction of our restlessness, our inherited dissatisfaction and the volatility connected to it. Considering that they have lasted five thousand years and to this day we find ourselves in harmony with a certain feeling of futility, perhaps these characteristics are inherent in man.
  • Gilgamesh had a wall built that divided the city from wild nature and created a space for the first human culture. Nevertheless, “not even far-reaching works of civilization could satisfy human desire.”
  • Friendship shows us new, unsuspected adventures, gives us the opportunity to leave the wall and to become neither its builder nor its part—to not be another brick in the wall.
  • with the phenomenon of the creation of the city, we have seen how specialization and the accumulation of wealth was born, how holy nature was transformed into a secular supplier of resources, and also how humans’ individualistic ego was emancipated.
  • to change the system, to break down that which is standing and go on an expedition against the gods (to awaken, from naïveté to awakening) requires friendship.
  • For small acts (hunting together, work in a factory), small love is enough: Camaraderie. For great acts, however, great love is necessary, real love: Friendship. Friendship that eludes the economic understanding of quid pro quo. Friendship gives. One friend gives (fully) for the other. That is friendship for life and death,
  • The thought that humanity comes at the expense of efficiency is just as old as humanity itself—as we have shown, subjects without emotion are the ideal of many tyrants.
  • The epic later crashes this idea through the friendship of Gilgamesh and Enkidu. Friendship—the biologically least essential love, which at first sight appears to be unnecessary
  • less a civilized, city person is dependent on nature, the more he or she is dependent on the rest of society. Like Enkidu, we have exchanged nature for society; harmony with (incalculable) nature for harmony with (incalculable) man.
  • human nature good or evil? To this day these questions are key for economic policy: If we believe that man is evil in his nature, therefore that a person himself is dog eat dog (animal), then the hard hand of a ruler is called for. If we believe that people in and of themselves, in their nature, gravitate toward good, then it is possible to loosen up the reins and live in a society that is more laissez-faire.
  • For a concept of historical progress, for the undeification of heroes, rulers, and nature, mankind had to wait for the Hebrews.
  • Because nature is not undeified, it is beyond consideration to explore it, let alone intervene in it (unless a person was a two-thirds god like Gilgamesh). It
  • They practiced money lending, traded in many assets (…) and especially were engaged in the trading of shares on capital markets, worked in currency exchange and frequently figured as mediators in financial transactions (…), they functioned as bankers and participated in emissions of all possible forms.
  • As regards modern capitalism (as opposed to the ancient and medieval periods) … there are activities in it which are, in certain forms, inherently (and completely necessarily) present—both from an economic and legal standpoint.7
  • As early as the “dark” ages, the Jews commonly used economic tools that were in many ways ahead of their time and that later became key elements of the modern economy:
  • Gilgamesh’s story ends where it began. There is a consistency in this with Greek myths and fables: At the end of the story, no progress occurs, no essential historic change; the story is set in indefinite time, something of a temporal limbo.
  • Jews believe in historical progress, and that progress is in this world.
  • For a nation originally based on nomadism, where did this Jewish business ethos come from? And can the Hebrews truly be considered as the architects of the values that set the direction of our civilization’s economic thought?
  • Hebrew religiosity is therefore strongly connected with this world, not with any abstract world, and those who take pleasure in worldly possessions are not a priori doing anything wrong.
  • PROGRESS: A SECULARIZED RELIGION One of the things the writers of the Old Testament gave to mankind is the idea and notion of progress. The Old Testament stories have their development; they change the history of the Jewish nation and tie in to each other. The Jewish understanding of time is linear—it has a beginning and an end.
  • The observance of God’s Commandments in Judaism leads not to some ethereal other world, but to an abundance of material goods (Genesis 49:25–26, Leviticus 26:3–13, Deuteronomy 28:1–13) (…) There are no accusing fingers pointed at
  • There are no echoes of asceticism nor for the cleansing and spiritual effect of poverty. It is fitting therefore, that the founders of Judaism, the Patriarchs Abraham, Isaac and Jacob, were all wealthy men.12
  • about due to a linear understanding of history. If history has a beginning as well as an end, and they are not the same point, then exploration suddenly makes sense in areas where the fruits are borne only in the next generation.
  • What’s more, economic progress has almost become an assumption of modern functional societies. We expect growth. We take it automatically. Today, if nothing “new” happens, if GDP does not grow (we say it stagnates) for several quarters, we consider it an anomaly.
  • however, the idea of progress itself underwent major changes, and today we perceive it very differently. As opposed to the original spiritual conceptions, today we perceive progress almost exclusively in an economic or scientific-technological sense.
  • Because care for the soul has today been replaced by care for external things,
  • This is why we must constantly grow, because we (deep down and often implicitly) believe that we are headed toward an (economic) paradise on Earth.
  • Only since the period of scientific-technological revolution (and at a time when economics was born as an independent field) is material progress automatically assumed.
  • Jewish thought is the most grounded, most realistic school of thought of all those that have influenced our culture.17 An abstract world of ideas was unknown to the Jews. To this day it is still forbidden to even depict God, people, and animals in symbols, paintings, statues, and drawings.
  • economists have become key figures of great importance in our time (Kacířské eseje o filosofii dějin [Heretical Essays in the Philosophy of History]). They are expected to perform interpretations of reality, give prophetic services (macroeconomic forecasts), reshape reality (mitigate the impacts of the crisis, speed up growth), and, in the long run, provide leadership on the way to the Promised Land—paradise on Earth.
  • REALISM AND ANTIASCETICISM Aside from ideas of progress, the Hebrews brought another very fundamental contribution to our culture: The desacralization of heroes, nature, and rulers.
  • Voltaire writes: “It certain fact is, that in his public laws he [Moses] never so much as once made mention of a life to come, limiting all punishments and all rewards to the present life.”21
  • As opposed to Christianity, the concept of an extraterrestrial paradise or heaven was not developed much in Hebrew thought.19 The paradise of the Israelites—Eden—was originally placed on Earth at a given place in Mesopotamia20 and at a given time,
  • The Hebrews consider the world to be real—not just a shadow reflection of a better world somewhere in the cloud of ideas, something the usual interpretation of history ascribes to Plato. The soul does not struggle against the body and is not its prisoner, as Augustine would write later.
  • The land, the world, the body, and material reality are for Jews the paramount setting for divine history, the pinnacle of creation. This idea is the conditio sine qua non of the development of economics, something of an utterly earthly making,
  • The mythology of the hero-king was strongly developed in that period, which Claire Lalouette summarizes into these basic characteristics: Beauty (a perfect face, on which it is “pleasant to look upon,” but also “beauty,” expressed in the Egyptian word nefer, not only means aesthetics, but contains moral qualities as well),
  • THE HERO AND HIS UNDEIFICATION: THE DREAM NEVER SLEEPS The concept of the hero is more important than it might appear. It may be the remote origin of Keynes’s animal spirits, or the desire to follow a kind of internal archetype that a given individual accepts as his own and that society values.
  • This internal animator of ours, our internal mover, this dream, never sleeps and it influences our behavior—including economic behavior—more than we want to realize.
  • manliness and strength,28 knowledge and intelligence,29 wisdom and understanding, vigilance and performance, fame and renown (fame which overcomes enemies because “a thousand men would not be able to stand firmly in his presence”);30 the hero is a good shepherd (who takes care of his subordinates), is a copper-clad rampart, the shield of the land, and the defender of heroes.
  • Each of us probably has a sort of “hero within”—a kind of internal role-model, template, an example that we (knowingly or not) follow. It is very important what kind of archetype it is, because its role is dominantly irrational and changes depending on time and the given civilization.
  • The oldest was the so-called Trickster—a fraudster; then the culture bearer—Rabbit; the musclebound hero called Redhorn; and finally the most developed form of hero: the Twins.
  • the Egyptian ruler, just as the Sumerian, was partly a god, or the son of a god.31
  • Jacob defrauds his father Isaac and steals his brother Esau’s blessing of the firstborn. Moses murders an Egyptian. King David seduces the wife of his military commander and then has him killed. In his old age, King Solomon turns to pagan idols, and so on.
  • Anthropology knows several archetypes of heroes. The Polish-born American anthropologist Paul Radin examined the myths of North American Indians and, for example, in his most influential book, The Trickster, he describes their four basic archetypes of heroes.
  • The Torah’s heroes (if that term can be used at all) frequently make mistakes and their mistakes are carefully recorded in the Bible—maybe precisely so that none of them could be deified.32
  • We do not have to go far for examples. Noah gets so drunk he becomes a disgrace; Lot lets his own daughters seduce him in a similar state of drunkenness. Abraham lies and (repeatedly) tries to sell his wife as a concubine.
  • the Hebrew heroes correspond most to the Tricksters, the Culture Bearers, and the Twins. The divine muscleman, that dominant symbol we think of when we say hero, is absent here.
  • To a certain extent it can be said that the Hebrews—and later Christianity—added another archetype, the archetype of the heroic Sufferer.35 Job
  • Undeification, however, does not mean a call to pillage or desecration; man was put here to take care of nature (see the story of the Garden of Eden or the symbolism of the naming of the animals). This protection and care of nature is also related to the idea of progress
  • For the heroes who moved our civilization to where it is today, the heroic archetypes of the cunning trickster, culture bearer, and sufferer are rather more appropriate.
  • the Old Testament strongly emphasizes the undeification of nature.37 Nature is God’s creation, which speaks of divinity but is not the domain of moody gods
  • This is very important for democratic capitalism, because the Jewish heroic archetype lays the groundwork much better for the development of the later phenomenon of the hero, which better suits life as we know it today. “The heroes laid down their arms and set about trading to become wealthy.”
  • in an Old Testament context, the pharaoh was a mere man (whom one could disagree with, and who could be resisted!).
  • RULERS ARE MERE MEN In a similar historical context, the Old Testament teachings carried out a similar desacralization of rulers, the so-called bearers of economic policy.
  • Ultimately the entire idea of a political ruler stood against the Lord’s will, which is explicitly presented in the Torah. The Lord unequivocally preferred the judge as the highest form of rule—an
  • The needs of future generations will have to be considered; after all humankind are the guardians of God’s world. Waste of natural resources, whether privately owned or nationally owned is forbidden.”39
  • Politics lost its character of divine infallibility, and political issues were subject to questioning. Economic policy could become a subject of examination.
  • 44 God first creates with the word and then on individual days He divides light from darkness, water from dry land, day from night, and so forth—and He gives order to things.45 The world is created orderly— it is wisely, reasonably put together. The way of the world is put together at least partially46 decipherably by any other wise and reasonable being who honors rational rules.
  • which for the methodology of science and economics is very important because disorder and chaos are difficult to examine scientifically.43 Faith in some kind of rational and logical order in a system (society, the economy) is a silent assumption of any (economic) examination.
  • THE PRAISE OF ORDER AND WISDOM: MAN AS A PERFECTER OF CREATION The created world has an order of sorts, an order recognizable by us as people,
  • From the very beginning, when God distances Himself from the entire idea, there is an anticipation that there is nothing holy, let alone divine, in politics. Rulers make mistakes, and it is possible to subject them to tough criticism—which frequently occurs indiscriminately through the prophets in the Old Testament.
  • Hebrew culture laid the foundations for the scientific examination of the world.
  • Examining the world is therefore an absolutely legitimate activity, and one that is even requested by God—it is a kind of participation in the Creator’s work.51 Man is called on to understand himself and his surroundings and to use his knowledge for good.
  • I was there when he set heavens in place, when he marked out the horizon on the face of the deep (…) Then I was the craftsman at his side.47
  • There are more urgings to gain wisdom in the Old Testament. “Wisdom calls aloud in the street (…): ‘How long will you simple ones love your simple ways?’”49 Or several chapters later: “Wisdom is supreme; therefore get wisdom. Though it cost all you have, get understanding.”50
  • examination is not forbidden. The fact that order can be grasped by human reason is another unspoken assumption that serves as a cornerstone of any scientific examination.
  • then, my sons, listen to me; blessed are those who keep my ways (…) Blessed is the man who listens to me, watching daily at my doors, waiting at my doorway. For whoever finds me finds life and receives favor from the Lord.
  • the rational examination of nature has its roots, surprisingly, in religion.
  • The Lord brought me forth as the first of his works, before his deeds of old. I was appointed from eternity, from the beginning, before the world began. When there were no oceans, I was given birth, when there were no springs abounding with water, before the mountains were settled in place,
  • The Book of Proverbs emphasizes specifically several times that it was wisdom that was present at the creation of the world. Wisdom personified calls out:
  • The last act, final stroke of the brush of creation, naming of the animals—this act is given to a human, it is not done by God, as one would expect. Man was given the task of completing the act of creation that the Lord began:
  • MAN AS A FINISHER OF CREATION The creation of the world, as it is explained in Jewish teachings, is described in the Book of Genesis. Here God (i) creates, (ii) separates, and (iii) names [my emphasis]:
  • Naming is a symbolic expression. In Jewish culture (and also in our culture to this day), the right to name meant sovereign rights and belonged, for example, to explorers (new places), inventors (new principles), or parents (children)—that is, to those who were there at the genesis, at the origin. This right was handed over by God to mankind.
  • The Naming itself (the capital N is appropriate) traditionally belongs to the crowning act of the Creator and represents a kind of grand finale of creation, the last move of the brush to complete the picture—a signature of the master.
  • Without naming, reality does not exist; it is created together with language. Wittgenstein tightly names this in his tractatus—the limits of our language are the limits of our world.53
  • He invented (fictitiously and completely abstractly!) a framework that was generally accepted and soon “made into” reality. Marx invented similarly; he created the notion of class exploitation. Through his idea, the perception of history and reality was changed for a large part of the world for nearly an entire century.
  • Reality is not a given; it is not passive. Perceiving reality and “facts” requires man’s active participation. It is man who must take the last step, an act (and we
  • How does this relate to economics? Reality itself, our “objective” world, is cocreated, man himself participates in the creation; creation, which is somewhat constantly being re-created.
  • Our scientific models put the finishing touches on reality, because (1) they interpret, (2) they give phenomena a name, (3) they enable us to classify the world and phenomena according to logical forms, and (4) through these models we de facto perceive reality.
  • When man finds a new linguistic framework or analytical model, or stops using the old one, he molds or remolds reality. Models are only in our heads; they are not “in objective reality.” In this sense, Newton invented (not merely discovered!) gravity.
  • A real-ization act on our part represents the creation of a construct, the imputation of sense and order (which is beautifully expressed by the biblical act of naming, or categorization, sorting, ordering).
  • Keynes enters into the history of economic thought from the same intellectual cadence; his greatest contribution to economics was precisely the resurrection of the imperceptible—for example in the form of animal spirits or uncertainty. The economist Piero Mini even ascribes Keynes’s doubting and rebellious approach to his almost Talmudic education.63
  • God connects man with the task of guarding and protecting the Garden of Eden, and thus man actually cocreates the cultural landscape. The Czech philosopher Zdeněk Neubauer also describes this: “Such is reality, and it is so deep that it willingly crystallizes into worlds. Therefore I profess that reality is a creation and not a place of occurrence for objectively given phenomena.”61
  • in this viewpoint it is possible to see how Jewish thought is mystical—it admits the role of the incomprehensible. Therefore, through its groundedness, Jewish thought indulges mystery and defends itself against a mechanistic-causal explanation of the world: “The Jewish way of thinking, according to Veblen, emphasizes the spiritual, the miraculous, the intangible.
  • The Jews believed the exact opposite. The world is created by a good God, and evil appears in it as a result of immoral human acts. Evil, therefore, is induced by man.66 History unwinds according to the morality of human acts.
  • What’s more, history seems to be based on morals; morals seem to be the key determining factors of history. For the Hebrews, history proceeds according to how morally its actors behave.
  • The Sumerians believed in dualism—good and evil deities exist, and the earth of people becomes their passive battlefield.
  • GOOD AND EVIL IN US: A MORAL EXPLANATION OF WELL-BEING We have seen that in the Epic of Gilgamesh, good and evil are not yet addressed systematically on a moral level.
  • This was not about moral-human evil, but rather a kind of natural evil. It is as if good and evil were not touched by morality at all. Evil simply occurred. Period.
  • the epic, good and evil are not envisaged morally—they are not the result of an (a)moral act. Evil was not associated with free moral action or individual will.
  • Hebrew thought, on the other hand, deals intensively with moral good and evil. A moral dimension touches the core of its stories.65
  • discrepancy between savings and investment, and others are convinced of the monetary essence
  • The entire history of the Jewish nation is interpreted and perceived in terms of morality. Morality has become, so to speak, a mover and shaker of Hebrew history.
  • sunspots. The Hebrews came up with the idea that morals were behind good and bad years, behind the economic cycle. But we would be getting ahead of ourselves. Pharaoh’s Dream: Joseph and the First Business Cycle To
  • It is the Pharaoh’s well-known dream of seven fat and seven lean cows, which he told to Joseph, the son of Jacob. Joseph interpreted the dream as a macroeconomic prediction of sorts: Seven years of abundance were to be followed by seven years of poverty, famine, and misery.
  • Self-Contradicting Prophecy Here, let’s make several observations on this: Through taxation74 on the level of one-fifth of a crop75 in good years to save the crop and then open granaries in bad years, the prophecy was de facto prevented (prosperous years were limited and hunger averted—through a predecessor of fiscal stabilization).
  • The Old Testament prophesies therefore were not any deterministic look into the future, but warnings and strategic variations of the possible, which demanded some kind of reaction. If the reaction was adequate, what was prophesied would frequently not occur at all.
  • This principle stands directly against the self-fulfilling prophecy,80 the well-known concept of social science. Certain prophecies become self-fulfilling when expressed (and believed) while others become self-contradicting prophecies when pronounced (and believed).
  • If the threat is anticipated, it is possible to totally or at least partially avoid it. Neither Joseph nor the pharaoh had the power to avoid bounty or crop failure (in this the dream interpretation was true and the appearance of the future mystical), but they avoided the impacts and implications of the prophecy (in this the interpretation of the dream was “false”)—famine did not ultimately occur in Egypt, and this was due to the application of reasonable and very intuitive economic policy.
  • Let us further note that the first “macroeconomic forecast” appears in a dream.
  • back to Torah: Later in this story we will notice that there is no reason offered as to why the cycle occurs (that will come later). Fat years will simply come, and then lean years after them.
  • Moral Explanation of a Business Cycle That is fundamentally different from later Hebrew interpretations, when the Jewish nation tries to offer reasons why the nation fared well or poorly. And those reasons are moral.
  • If you pay attention to these laws and are careful to follow them, then the Lord your God will keep his covenant of love with you, as he swore to your forefathers. He will love you and bless you and increase your numbers.
  • Only in recent times have some currents of economics again become aware of the importance of morals and trust in the form of measuring the quality of institutions, the level of justice, business ethics, corruption, and so forth, and examining their influence on the economy,
  • From today’s perspective, we can state that the moral dimension entirely disappeared from economic thought for a long time, especially due to the implementation of Mandeville’s concept of private vices that contrarily support the public welfare
  • Without being timid, we can say this is the first documented attempt to explain the economic cycle. The economic cycle, the explanation of which is to this day a mystery to economists, is explained morally in the Old Testament.
  • But how do we consolidate these two conflicting interpretations of the economic cycle: Can ethics be responsible for it or not? Can we influence reality around us through our acts?
  • it is not within the scope of this book to answer that question; justice has been done to the question if it manages to sketch out the main contours of possible searches for answers.
  • THE ECONOMICS OF GOOD AND EVIL: DOES GOOD PAY OFF? This is probably the most difficult moral problem we could ask.
  • Kant, the most important modern thinker in the area of ethics, answers on the contrary that if we carry out a “moral” act on the basis of economic calculus (therefore we carry out an hedonistic consideration; see below) in the expectation of later recompense, its morality is lost. Recompense, according to the strict Kant, annuls ethics.
  • Inquiring about the economics of good and evil, however, is not that easy. Where would Kant’s “moral dimension of ethics” go if ethics paid? If we do good for profit, the question of ethics becomes a mere question of rationality.
  • Job’s friends try to show that he must have sinned in some way and, in doing so, deserved God’s punishment. They are absolutely unable to imagine a situation in which Job, as a righteous man, would suffer without (moral) cause. Nevertheless, Job insists that he deserves no punishment because he has committed no offense: “God has wronged me and drawn his net around me.”94
  • But Job remains righteous, even though it does not pay to do so: Though he slay me, yet will I hope in him.95 And till I die, I will not deny my integrity I will maintain my righteousness and never let go of it; my conscience will not reproach me as long as I live.96
  • He remains righteous, even if his only reward is death. What economic advantage could he have from that?
  • morals cannot be considered in the economic dimension of productivity and calculus. The role of the Hebrews was to do good, whether it paid off or not. If good (outgoing) is rewarded by incoming goodness, it is a bonus,99 not a reason to do outgoing good. Good and reward do not correlate to each other.
  • This reasoning takes on a dimension of its own in the Old Testament. Good (incoming) has already happened to us. We must do good (outgoing) out of gratitude for the good (incoming) shown to us in the past.
  • So why do good? After all, suffering is the fate of many biblical figures. The answer can only be: For good itself. Good has the power to be its own reward. In this sense, goodness gets its reward, which may or may not take on a material dimension.
  • the Hebrews offered an interesting compromise between the teachings of the Stoics and Epicureans. We will go into it in detail later, so only briefly
  • constraint. It calls for bounded optimalization (with limits). A kind of symbiosis existed between the legitimate search for one’s own utility (or enjoyment of life) and maintaining rules, which are not negotiable and which are not subject to optimalization.
  • In other words, clear (exogenously given) rules exist that must be observed and cannot be contravened. But within these borders it is absolutely possible, and even recommended, to increase utility.
  • the mining of enjoyment must not come at the expense of exogenously given rules. “Judaism comes therefore to train or educate the unbounded desire … for wealth, so that market activities and patterns of consumption operate within a God-given morality.”102
  • The Epicureans acted with the goal of maximizing utility without regard for rules (rules developed endogenously, from within the system, computed from that which increased utility—this was one of the main trumps of the Epicurean school; they did not need exogenously given norms, and argued that they could “calculate” ethics (what to do) for every given situation from the situation itself).
  • The Stoics could not seek their enjoyment—or, by another name, utility. They could not in any way look back on it, and in no way could they count on it. They could only live according to rules (the greatest weakness of this school was to defend where exogenously the given rules came from and whether they are universal) and take a indifferent stand to the results of their actions.
  • To Love the Law The Jews not only had to observe the law (perhaps the word covenant would be more appropriate), but they were to love it because it was good.
  • Their relationship to the law was not supposed to be one of duty,105 but one of gratitude, love. Hebrews were to do good (outgoing), because goodness (incoming) has already been done to them.
  • This is in stark contrast with today’s legal system, where, naturally, no mention of love or gratefulness exists. But God expects a full internalization of the commandments and their fulfillment with love, not as much duty. By no means was this on the basis of the cost-benefit analyses so widespread in economics today, which determines when it pays to break the law and when not to (calculated on the basis of probability of being caught and the amount of punishment vis-à-vis the possible gain).
  • And now, O Israel, what does the Lord your God ask of you but to fear the Lord your God, to walk in all his ways, to love him, to serve the Lord your God with all your heart and with all your soul, and to observe the Lord’s commands and decrees that I am giving you today for your own good? To the Lord your God belong the heavens, even the highest heavens, the earth and everything in it. Yet the Lord set his affection on your forefathers and loved them….
  • the principle of doing good (outgoing) on the basis of a priori demonstrated good (incoming) was also taken over by the New Testament. Atonement itself is based on an a priori principle; all our acts are preceded by good.
  • The Hebrews, originally a nomadic tribe, preferred to be unrestrained and grew up in constant freedom of motion.
  • Human laws, if they are in conflict with the responsibilities given by God, are subordinate to personal responsibility, and a Jew cannot simply join the majority, even if it is legally allowed. Ethics, the concept of good, is therefore always superior to all local laws, rules, and customs:
  • THE SHACKLES OF THE CITY Owing to the Hebrew’s liberation from Egyptian slavery, freedom and responsibility become the key values of Jewish thought.
  • Laws given by God are binding for Jews, and God is the absolute source of all values,
  • The Hebrew ideal is represented by the paradise of the Garden of Eden, not a city.116 The despised city civilization or the tendency to see in it a sinful and shackling way of life appears in glimpses and allusions in many places in the Old Testament.
  • The nomadic Jewish ethos is frequently derived from Abraham, who left the Chaldean city of Ur on the basis of a command:
  • In addition, they were aware of a thin two-way line between owner and owned. We own material assets, but—to a certain extent—they own us and tie us down. Once we become used to a certain material
  • This way of life had understandably immense economic impacts. First, such a society lived in much more connected relationships, where there was no doubt that everyone mutually depended on each other. Second, their frequent wanderings meant the inability to own more than they could carry; the gathering up of material assets did not have great weight—precisely because the physical weight (mass) of things was tied to one place.
  • One of Moses’s greatest deeds was that he managed to explain to his nation once and for all that it is better to remain hungry and liberated than to be a slave with food “at no cost.”
  • SOCIAL WELFARE: NOT TO ACT IN THE MANNER OF SODOM
  • regulations is developed in the Old Testament, one we hardly find in any other nation of the time. In Hebrew teachings, aside from individual utility, indications of the concept of maximalizing utility societywide appear for the first time as embodied in the Talmudic principle of Kofin al midat S´dom, which can be translated as “one is compelled not to act in the manner of Sodom” and to take care of the weaker members of society.
  • In a jubilee year, debts were to be forgiven,125 and Israelites who fell into slavery due to their indebtedness were to be set free.126
  • Such provisions can be seen as the antimonopoly and social measures of the time. The economic system even then had a clear tendency to converge toward asset concentration, and therefore power as well. It would appear that these provisions were supposed to prevent this process
  • Land at the time could be “sold,” and it was not sale, but rent. The price (rent) of real estate depended on how long there was until a forgiveness year. It was about the awareness that we may work the land, but in the last instance we are merely “aliens and strangers,” who have the land only rented to us for a fixed time. All land and riches came from the Lord.
  • These provisions express a conviction that freedom and inheritance should not be permanently taken away from any Israelite. Last but not least, this system reminds us that no ownership lasts forever and that the fields we plow are not ours but the Lord’s.
  • Glean Another social provision was the right to glean, which in Old Testament times ensured at least basic sustenance for the poorest. Anyone who owned a field had the responsibility not to harvest it to the last grain but to leave the remains in the field for the poor.
  • Tithes and Early Social Net Every Israelite also had the responsibility of levying a tithe from their entire crop. They had to be aware from whom all ownership comes and, by doing so, express their thanks.
  • “Since the community has an obligation to provide food, shelter, and basic economic goods for the needy, it has a moral right and duty to tax its members for this purpose. In line with this duty, it may have to regulate markets, prices and competition, to protect the interests of its weakest members.”135
  • In Judaism, charity is not perceived as a sign of goodness; it is more of a responsibility. Such a society then has the right to regulate its economy in such a way that the responsibility of charity is carried out to its satisfaction.
  • With a number of responsibilities, however, comes the difficulty of getting them into practice. Their fulfillment, then, in cases when it can be done, takes place gradually “in layers.” Charitable activities are classified in the Talmud according to several target groups with various priorities, classified according to, it could be said, rules of subsidiarity.
  • Do not mistreat an alien or oppress him, for you were aliens in Egypt.140 As one can see, aside from widows and orphans, the Old Testament also includes immigrants in its area of social protection.141 The Israelites had to have the same rules apply for them as for themselves—they could not discriminate on the basis of their origin.
  • ABSTRACT MONEY, FORBIDDEN INTEREST, AND OUR DEBT AGE If it appears to us that today’s era is based on money and debt, and our time will be written into history as the “Debt age,” then it will certainly be interesting to follow how this development occurred.
  • Money is a social abstractum. It is a social agreement, an unwritten contract.
  • The first money came in the form of clay tablets from Mesopotamia, on which debts were written. These debts were transferable, so the debts became currency. In the end, “It is no coincidence that in English the root of ‘credit’ is ‘credo,’ the Latin for ‘I believe.’”
  • To a certain extent it could be said that credit, or trust, was the first currency. It can materialize, it can be embodied in coins, but what is certain is that “money is not metal,” even the rarest metal, “it is trust inscribed,”
  • Inseparably, with the original credit (money) goes interest. For the Hebrews, the problem of interest was a social issue: “If you lend money to one of my people among you who is needy, do not be like a moneylender; charge him no interest.”
  • there were also clearly set rules setting how far one could go in setting guarantees and the nonpayment of debts. No one should become indebted to the extent that they could lose the source of their livelihood:
  • In the end, the term “bank” comes from the Italian banci, or the benches that Jewish lenders sat on.157
  • Money is playing not only its classical roles (as a means of exchange, a holder of value, etc.) but also a much greater, stronger role: It can stimulate, drive (or slow down) the whole economy. Money plays a national economic role.
  • In the course of history, however, the role of loans changed, and the rich borrowed especially for investment purposes,
  • Today the position and significance of money and debt has gone so far and reached such a dominant position in society that operating with debts (fiscal policy) or interest or money supply (monetary policy) means that these can, to a certain extent, direct (or at least strongly influence) the whole economy and society.
  • In such a case a ban on interest did not have great ethical significance. Thomas Aquinas, a medieval scholar (1225-1274), also considers similarly; in his time, the strict ban on lending with usurious interest was loosened, possibly due to him.
  • As a form of energy, money can travel in three dimensions, vertically (those who have capital lend to those who do not) and horizontally (speed and freedom in horizontal or geographic motion has become the by-product—or driving force?—of globalization). But money (as opposed to people) can also travel through time.
  • money is something like energy that can travel through time. And it is a very useful energy, but at the same time very dangerous as well. Wherever
  • Aristotle condemned interest162 not only from a moral standpoint, but also for metaphysical reasons. Thomas Aquinas shared the same fear of interest and he too argued that time does not belong to us, and that is why we must not require interest.
  • MONEY AS ENERGY: TIME TRAVEL AND GROSS DEBT PRODUCT (GDP)
  • Due to this characteristic, we can energy-strip the future to the benefit of the present. Debt can transfer energy from the future to the present.163 On the other hand, saving can accumulate energy from the past and send it to the present.
  • labor was not considered degrading in the Old Testament. On the contrary, the subjugation of nature is even a mission from God that originally belonged to man’s very first blessings.
  • LABOR AND REST: THE SABBATH ECONOMY
  • The Jews as well as Aristotle behaved very guardedly toward loans. The issue of interest/usury became one of the first economic debates. Without having an inkling of the future role of economic policy (fiscal and monetary), the ancient Hebrews may have unwittingly felt that they were discovering in interest a very powerful weapon, one that can be a good servant, but (literally) an enslaving master as well.
  • It’s something like a dam. When we build one, we are preventing periods of drought and flooding in the valley; we are limiting nature’s whims and, to a large extent, avoiding its incalculable cycles. Using dams, we can regulate the flow of water to nearly a constant. With it we tame the river (and we can also gain
  • But if we do not regulate the water wisely, it may happen that we would overfill the dam and it would break. For the cities lying in the valley, their end would be worse than if a dam were never there.
  • If man lived in harmony with nature before, now, after the fall, he must fight; nature stands against him and he against it and the animals. From the Garden we have moved unto a (battle)field.
  • Only after man’s fall does labor turn into a curse.168 It could even be said that this is actually the only curse, the curse of the unpleasantness of labor, that the Lord places on Adam.
  • Both Plato and Aristotle consider labor to be necessary for survival, but that only the lower classes should devote themselves to it so that the elites would not have to be bothered with it and so that they could devote themselves to “purely spiritual matters—art, philosophy, and politics.”
  • Work is also not only a source of pleasure but a social standing; It is considered an honor. “Do you see a man skilled in his work? He will serve before kings.”170 None of the surrounding cultures appreciate work as much. The idea of the dignity of labor is unique in the Hebrew tradition.
  • Hebrew thinking is characterized by a strict separation of the sacred from the profane. In life, there are simply areas that are holy, and in which it is not allowed to economize, rationalize, or maximize efficiency.
  • good example is the commandment on the Sabbath. No one at all could work on this day, not even the ones who were subordinate to an observant Jew:
  • the message of the commandment on Saturday communicated that people were not primarily created for labor.
  • Paradoxically, it is precisely this commandment out of all ten that is probably the most violated today.
  • Aristotle even considers labor to be “a corrupted waste of time which only burdens people’s path to true honour.”
  • we have days when we must not toil connected (at least lexically) with the word meaning emptiness: the English term “vacation” (or emptying), as with the French term, les vacances, or German die Freizeit, meaning open time, free time, but also…
  • Translated into economic language: The meaning of utility is not to increase it permanently but to rest among existing gains. Why do we learn how to constantly increase gains but not how to…
  • This dimension has disappeared from today’s economics. Economic effort has no goal at which it would be possible to rest. Today we only know growth for growth’s sake, and if our company or country prospers, that does not…
  • Six-sevenths of time either be dissatisfied and reshape the world into your own image, man, but one-seventh you will rest and not change the creation. On the seventh day, enjoy creation and enjoy the work of your hands.
  • the purpose of creation was not just creating but that it had an end, a goal. The process was just a process, not a purpose. The whole of Being was created so…
  • Saturday was not established to increase efficiency. It was a real ontological break that followed the example of the Lord’s seventh day of creation. Just as the Lord did not rest due to tiredness or to regenerate strength; but because He was done. He was done with His work, so that He could enjoy it, to cherish in His creation.
  • If we believe in rest at all today, it is for different reasons. It is the rest of the exhausted machine, the rest of the weak, and the rest of those who can’t handle the tempo. It’s no wonder that the word “rest…
  • Related to this, we have studied the first mention of a business cycle with the pharaoh’s dream as well as seen a first attempt (that we may call…
  • We have tried to show that the quest for a heaven on Earth (similar to the Jewish one) has, in its desacralized form, actually also been the same quest for many of the…
  • We have also seen that the Hebrews tried to explain the business cycle with morality and ethics. For the Hebrews,…
  • ancient Greek economic ethos, we will examine two extreme approaches to laws and rules. While the Stoics considered laws to be absolutely valid, and utility had infinitesimal meaning in their philosophy, the Epicureans, at least in the usual historical explanation, placed utility and pleasure in first place—rules were to be made based on the principle of utility.
  • CONCLUSION: BETWEEN UTILITY AND PRINCIPLE The influence of Jewish thought on the development of market democracy cannot be overestimated. The key heritage for us was the lack of ascetic perception of the world, respect to law and private…
  • We have tried to show how the Torah desacralized three important areas in our lives: the earthly ruler, nature,…
  • What is the relationship between the good and evil that we do (outgoing) and the utility of disutility that we (expect to) get as a reward (incoming)? We have seen…
  • The Hebrews never despised material wealth; on contrary, the Jewish faith puts great responsibility on property management. Also the idea of progress and the linear perception of time gives our (economic)…
  • the Hebrews managed to find something of a happy compromise between both of these principles.
  • will not be able to completely understand the development of the modern notion of economics without understanding the disputes between the Epicureans and the Stoics;
  • poets actually went even further, and with their speech they shaped and established reality and truth. Honor, adventure, great deeds, and the acclaim connected with them played an important role in the establishment of the true, the real.
  • those who are famous will be remembered by people. They become more real, part of the story, and they start to be “realized,” “made real” in the lives of other people. That which is stored in memory is real; that which is forgotten is as if it never existed.
  • Today’s scientific truth is founded on the notion of exact and objective facts, but poetic truth stands on an interior (emotional) consonance with the story or poem. “It is not addressed first to the brain … [myth] talks directly to the feeling system.”
  • “epic and tragic poets were widely assumed to be the central ethical thinkers and teachers of Greece; nobody thought of their work as less serious, less aimed at truth, than the speculative prose treatises of historians and philosophers.”5 Truth and reality were hidden in speech, stories, and narration.
  • Ancient philosophy, just as science would later, tries to find constancy, constants, quantities, inalterabilities. Science seeks (creates?) order and neglects everything else as much as it can. In their own experiences, everyone knows that life is not like that,
  • Just as scientists do today, artists drew images of the world that were representative, and therefore symbolic, picturelike, and simplifying (but thus also misleading), just like scientific models, which often do not strive to be “realistic.”
  • general? In the end, poetry could be more sensitive to the truth than the philosophical method or, later, the scientific method. “Tragic poems, in virtue of their subject matter and their social function, are likely to confront and explore problems about human beings and luck that a philosophical text might be able to omit or avoid.”8
clairemann

How a Global Ecocide Law Could Hold Polluters to Account | Time - 0 views

  • When a Nigerian judge ruled in 2005 that Shell’s practice of gas flaring in the Niger Delta was a violation of citizens’ constitutional rights to life and dignity, Nnimmo Bassey, a local environmental activist, was thrilled.
  • “For the first time, a court of competence has boldly declared that Shell, Chevron and the other oil corporations have been engaged in illegal activities here for decades,” Bassey said on Nov. 14, 2005, the day the Federal High Court of Nigeria announced the ruling. “We expect this judgement to be respected and that for once the oil corporations will accept the truth and bring their sinful flaring activities to a halt.”
  • “Shell could ignore [the case] because it wasn’t in the international media but if it had gone to the ICC, it would have gotten global attention and shareholders would have known what the company was doing,” he says. “If we had had an ecocide law, things would have turned out differently.”
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  • Yet the judgement was not respected. A United Nations report published six years later found that Shell had not followed its own procedures regarding the maintenance of oilfield infrastructure. Today, Shell is still gas flaring in the Niger Delta.
  • The word “ecocide” is an umbrella term for all forms of environmental destruction from deforestation to greenhouse gas emissions.
  • Although there are questions about whether the ICC as an institution has the teeth to prosecute any crimes, Bassey and other activists believe the law will act as a powerful deterrent against future forms of environmental destruction. “We will not get different outcomes in cases of exploitation and marginalization unless we reimagine the laws that govern us,” Bassey says.
  • In December 2020, lawyers from around the world gathered to begin drafting a legal definition of ecocide.
  • The term ecocide first rose to the public consciousness in 1972, when Olof Palme, the premier of Sweden, used the term at a United Nations environmental conference in Stockholm to describe the environmental damage caused by the Vietnam War. At the conference, an ecocide convention was proposed but never came to pass.
  • “My recollection is that there was just no political support for it,” says Philippe Sands, who was involved in drafting the preamble of the Rome Statute in 1998 (and who would go on to co-chair the expert panel formed in 2020 to draft a legal definition of ecocide). Environmental destruction, Sands says, was not on the public’s consciousness.
  • Environmental advocates believe an ecocide law at the ICC would be groundbreaking. While some countries have national laws on environmental harm, there is no international criminal law that explicitly imposes penalties on individuals responsible for environmental destruction. If adopted, experts say there are three main areas where an ecocide law would make a difference.
  • The first is the symbolic impact of having the ICC elevate environmental destruction to the same level as genocidal crimes
  • The second area where this law could make a difference is by setting a legal precedent, creating a bandwagon effect where international law could prompt changes in national criminal laws, as countries look to signal their environmental commitment to others.
  • The third way an ecocide law could be useful is by prosecuting environmental crimes that fall outside of national jurisdictions.
blythewallick

Are We Being Framed? | JSTOR Daily - 0 views

  • So the Mueller Report is finally out. President Trump has called it a “total exoneration,” but we don’t have to take his word for it. After special counsel Robert Mueller’s comprehensive, two-year investigation into serious allegations of Russian electoral interference, conspiracy, and obstruction of justice, we’re free to read what the special counsel’s findings actually are, if we so choose—albeit with a number of careful redactions from William Barr that along with his four-page summary, framed public conversations about the report in important ways.
  • It can persuade us one way or another by using certain rhetorical or linguistic means. What’s more, a particular framing doesn’t just arise spontaneously to the top of the public consciousness from its own legitimate merits, because it happens to be the neutral truth. We would be naive to think so, yet many people do. When it comes to the power of states, in sociologist Christopher A. Bail’s view, it has to be knowingly crafted, with two realities. One is a front stage presentation for public consumption and the other a secret collective coordination behind the scenes. Their reality becomes your reality, one way or another.
  • To Dwight Bolinger, “literal truth—the kind one swears to tell on the witness stand—permits any amount of evasion.” He explains: “The most insidious of all concepts of truth is that of literalness. The California prune-growers tell us that prunes, pound for pound, offer several times more vitamins and minerals than fresh fruit; literally true. The oil industry advertises that no heat costs less than oil heat, which has to be true because no heat costs nothing at all.” Those savvy enough to see through it will simply eat fewer prunes and heat their homes differently to those who fall for it. But declaring that you didn’t lie but told the literal truth in this way seems a kind of hollow ethic, a careful weaselling around the words that some lawyers seem particularly adept at.
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  • So, yes, it’s perhaps literally true that no collusion was found by Mueller’s team because they weren’t actually investigating collusion, but a much harder-to-prove charge of criminal conspiracy. Collusion and conspiracy may be related, but they’re not the same. Yet in the resulting media commentary, this framing by the Trump administration was largely successful in amplifying the confused conflation of two separate concepts: One is the fact that Mueller did not ultimately find definitive proof that the Trump campaign illegally conspired with Russia; The other is the non-legal Trump talking point of “no collusion,” even though not finding something is certainly not the same as there being none (at least you would hope so, if you ever can’t find your house keys or wallet).
  • One such case is Muscarello v. United States, from 1998. The law was that anyone caught using or carrying a firearm while selling drugs (presumably on their person) would get an additional five year sentence. The defendant, Muscarello, had a firearm that he was actively not carrying because it was actually locked up in the glove compartment of his truck. Nevertheless this was redefined as “carrying” a firearm, because the judge in the case saw that one of the first definitions in a dictionary for the word happen to be in relation to “carrying” (i.e. transporting) things in vehicles.
  • These are all fairly simple and obvious features of dictionaries that are frequently overlooked in legal contexts, just when it matters most that careful and ethical consideration should go into the linguistic interpretation of the law.
  • If we don’t pay enough attention to linguistic ethics, language and the truth that it seems to tell can be subtly manipulated to misdirect us. Even the most precise legal wording of a thorough report can be misread, as long as the public is willing to allow it.
Sean Kirkpatrick

Article on Evolution vs. Creationism Legal Case - 0 views

  •  
    Article on Evolution vs. Creationism Legal Case in public school in pennsylvania
Javier E

The Reality of New America Brings Obama Victory -- Daily Intel - 0 views

  • he essence of Team Obama's reelection strategy was to capitalize on their man's strength with what National Journal's Ron Brownstein calls "the coalition of the ascendant" has long been clear. Back in May, I wrote a cover story for the magazine laying out Chicago's plan to focus laser-like on four key voting blocs: African-Americans, Hispanics, college-educated white women, and voters of all ethnicities aged 18-29. At bottom, their theory of the case was that, despite the fragility of the recovery and the doubts that many voters had about Obama's capacity to put America firmly back on the road to prosperity, the deft and aggressive exploitation of coalition politics (along with the ruthless disqualification of Romney as a credible occupant of the Oval Office) could secure the president a second term. That in 2012, in other words, demographics would trump economics.
  • A quick glance at the exit polls confirms the extent to which the coalition of the ascendant is responsible for that performance. Contrary to the assumptions of the Romney campaign, the electorate that turned out on Tuesday was more diverse than 2008's, not less. Nationally, the share of the vote comprised by whites fell from 74 to 72 percent, while the black vote held steady at 13 and rose among Hispanics from 9 to 10, among Asians from 2.5 to 3 percent, among women from 53 to 54 percent, and among young voters from 18 to 19 percent. Obama's share of each of those blocs was overwhelming: 93 percent of African-Americans, 71 percent of Latinos, 73 percent of Asians, 55 percent of the ladies, and 60 percent of the kids. T
  • the challenges facing the Republican Party are far greater and far graver; indeed, it's no exaggeration to say that they are existential. Before Election Day, there were some in GOP yakkety-yakosphere who were warming up to pin the blame for Romney's impending defeat on Hurricane Sandy, a dubious proposition rendered utterly absurd by what happened yesterday. Not only was the problem not Sandy — it wasn't even simply Romney. True, the weaknesses of the Republican nominee were manifold and glaring, but they had nothing to do with the party's having squandered its chance to take back control of the Senate by pissing away two eminently winnable seats (in Missouri and Indiana) by dint of having nominated abject cretins (Todd Akin and Richard Mourdock). Or with the passage, for the first time, of ballot initiatives in two states (Maine and Maryland) legalizing same-sex marriage, and the legalizing of marijuana in two others (Colorado and Washington).
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  • the Republicans now find themselves facing a moment similar to the one that Democrats met in the wake of the 1988 election, when the party found itself markedly out of step with the country — shackled to a retograde base, in the grip of an assortment of fads and factions, wedded to a pre-modern policy agenda. And so, like the Ds back then, the Rs today must undertake a wholesale modernization of their party, starting with, but not limited to, making real inroads with those ascendant elements of the electorate. Doing so will be a Herculean task, and one that will require not just institutional resolve but individual leadership; it will require, that is to say, that the Republicans find their own version of Bill Clinton circa 1990. But daunting as the task may be, what last night indicated is that the party has no choice but to undertake the assignment — because to forgo it would be to risk not just irrelevance but extinction.
Javier E

Martha C. Nussbaum and David V. Johnson: The New Religious Intolerance - 2 views

  • you analyze fear as the emotion principally responsible for religious intolerance. You label fear the “narcissistic emotion.” But why think that the logic of fear—erring on the side of caution (“better to be safe than sorry”)—is narcissism rather than just good common sense, especially in an era of global terrorism and instability? MN: Biological and psychological research on fear shows that it is in some respects more primitive than other emotions, involving parts of the brain that do not deal in reflection and balancing. It also focuses narrowly on the person’s own survival, which is useful in evolutionary terms, but not so useful if one wants a good society. These tendencies to narrowness can be augmented, as I show in my book, through rhetorical manipulation. Fear is a major source of the denial of equal respect to others. Fear is sometimes appropriate, of course, and I give numerous examples of this. But its tendencies toward narrowness make it easily manipulable by false information and rhetorical hype.
  • DJ: In comparing fear and empathy, you say that empathy “has its own narcissism.” Do all emotions have their own forms of narcissism, and if so, why call fear "a narcissistic emotion"? MN: What I meant by my remarks about empathy is that empathy typically functions within a small circle, and is activated by vivid narratives, as Daniel Batson’s wonderful research has shown. So it is uneven and partial. But it is not primarily self-focused, as fear is. As John Stuart Mill said, fear tells us what we need to protect against for ourselves, and empathy helps us extend that protection to others.
  • MN: I think it’s OK to teach religious texts as literature, but better to teach them as history and social reality as part of learning what other people in one’s society believe and take seriously. I urge that all young people should get a rich and non-stereotypical understanding of all the major world religions. In the process, of course, the teacher must be aware of the multiplicity of interpretations and sects within each religion
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  • DJ: Of the basic values of French liberalism—liberty, equality, and fraternity—the last, fraternity, always seems to get short shrift. Your book, by contrast, argues that religious tolerance and liberalism in general can only flourish if people cultivate active respect, civility, and civic friendship with their fellow citizens. If this is so crucial, why do traditional liberals fail to make it more central to their program?
  • MN: I think liberals associate the cultivation of public emotion with fascism and other illiberal ideologies. But if they study history more closely they will find many instances in which emotions are deliberately cultivated in the service of liberal ideals. My next book, Political Emotions, will study all of this in great detail. Any political principles that ask people to go beyond their own self-interest for the sake of justice requires the cultivation of emotion.
  • we should confront sexism by argument and persuasion, and that to render all practices that objectify women illegal would be both too difficult (who would judge?) and too tyrannical.
  • critics of the burqa typically look at the practices of others and find sexism and “objectification” of women there, while failing to look at the practices of the dominant culture, which are certainly suffused with sexism and objectification. I was one of the feminist philosophers who wrote about objectification as a fundamental problem, and what we were talking about was the portrayal of women as commodities for male use and control in violent pornography, in a great deal of our media culture, and in other cultural practices, such as plastic surgery. I would say that this type of objectification is not on the retreat but may even be growing. Go to a high school dance—even at a high-brow school such as the John Dewey Laboratory School on our campus [at the University of Chicago]—and you will see highly individual and intelligent teenage girls marketing themselves for male consumption in indistinguishable microskirts, prior to engaging in a form of group dancing that mimes sex, and effaces their individuality. (Boys wear regular and not particularly sexy clothing.)
  • Lots of bad things are and will remain legal: unkindness, emotional blackmail, selfishness. And though I think the culture of pornographic objectification does great damage to personal relations, I don’t think that legal bans are the answer.
  • In the history of philosophy this was well understood, and figures as diverse as [Jean-Jacques] Rousseau, [Johann Gottfried von] Herder, [Giuseppe] Mazzini, Auguste Comte, John Stuart Mill, and John Rawls had a lot to say about the issue. In Mill’s case, he set about solving the problem posed by the confluence of liberalism and emotion: how can a society that cultivates emotion to support its political principles also preserve enough space for dissent, critique, and experimentation? My own proposal in the forthcoming book follows the lead of Mill—and, in India, of Rabindranath Tagore—and tries to show how a public culture of emotions, supporting the stability of good political principles, can also be liberal and protective of dissent. Some of the historical figures I study in this regard are Franklin Delano Roosevelt, Martin Luther King, Jr., Gandhi, and Nehru.
  • the Palin reaction was a whole lot better than the standard reaction in Europe, which is that we should just ban things that we fear. It is really unbelievable, having just lectured on this topic here in Germany: my views, which are pretty mainstream in America, are found “extreme” and even “offensive” in Germany, and all sorts of quite refined people think that Islam poses a unique problem and that the law should be dragged in to protect the culture.
  • The problem with these Europeans is that they don’t want to ban platform shoes or spike heels either; they just want to ban practices of others which they have never tried to understand.
Sophia C

Considering the Humanity of Nonhumans - NYTimes.com - 0 views

  • Beings who recognize themselves as ‘I’s.’ Those are persons.”
  • ho thinks and writes often about nonhuman animals and the moral and philosophical issues involved in how we treat them.
  • r. Wise argues that chimps are enough like humans that they should have some legal rights; not the right to vote or freedom of religion — he is not aiming for a full-blown planet of the apes — but a limited right to bodily liberty
    • Sophia C
       
      what
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  • himpanzees recognized as legal persons, with a right to liberty, albeit a liberty with considerable limits.
  • ugh it is crucial to the central idea — that chimps are in some sense autonomous. Autonomy can mean different things, depending on whether you are talking about chimpanzees, drones or robot vacuum cleaners, and whether you are using the language of law, philosophy or artificial intelligence.
  • cience can’t be decisive in such an argument, as Dr. Gruen points out, but what it can do is support or undermine this idea of autonomy. “If you form the right kinds of questions,” she said, “there are important answers that science can give about animal cognition and animal behavior
  • ne point to remember is that personhood does not mean being human
  • I think the evidence certainly suggests that chimps are self-aware and autonomous.
  • “the consequences of global warming for their grandchildren’s grandchildren, or of the sun eventually dying, or of them eventually dying.”
Emily Freilich

The Loophole in Russia's Anti-Gay Law | Jay Michaelson - 0 views

  • Russia's new anti-gay law has a loophole: The law, which has led to numerous arrests, beatings, and bans against LGBT people, specifically prohibits the "propaganda of non-traditional sexual relations," but homosexuality is as traditionally Russian as vodka and caviar.
  • Where does one begin the list of prominent LGBT Russians? Peter Tchaikovsky, one of Russia's foremost composers; Nikolai Gogol, one of its leading writers; from the world of dance, Diaghilev, Nijinsky, Nureyev
  • not to mention members of Russia's ruling classes
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  • What could be more "traditional" than this list?
  • fact, what is nontraditional is the suppression of sexual diversity, not its expression. Following the Russian Revolution, the regime under Lenin formally legalized homosexual acts (along with divorce and abortion), but Stalin criminalized them in 1933.
  • Which of these legal regimes is "traditional" and which is "nontraditional"? Is Stalin more traditional than Lenin?
  • The reality is that, as everywhere, sexual diversity in Russia is entirely traditional and entirely natural.
  • Of course, contemporary labels -- "gay," "lesbian," "bisexual," "transgender" -- are culturally specific and of relatively late vintage. But the existence of same-sex relationships goes back as far as Russian history itself.
  • Vitaly Milonov, the most vocal of the anti-gay bill's sponsors, had homosexuality in mind when he introduced the bill.
  • a literal reading of the bill's actual language, coupled with even a passing glance at Russian history, does not agree.
  • it's unlikely that a Russian jurist will really read the law so cleverly
  • important reminder that although homosexuality goes by different names in different places and at different times, it is a traditional part of every culture that the human race has ever created.
  •  
    Interesting perspective on the Russian anti-gay laws. Article deals with the importance of remembering history and the idea that we forget what was considered normal or strange in the past. What is seen as "traditional" now was not always traditional 
Javier E

Google's ChromeOS means losing control of data, warns GNU founder Richard Stallman | Te... - 0 views

  • Stallman, a computing veteran who is a strong advocate of free software via his Free Software Foundation, warned that making extensive use of cloud computing was "worse than stupidity" because it meant a loss of control of data.
  • The risks include loss of legal rights to data if it is stored on a company's machine's rather than your own, Stallman points out: "In the US, you even lose legal rights if you store your data in a company's machines instead of your own. The police need to present you with a search warrant to get your data from you; but if they are stored in a company's server, the police can get it without showing you anything. They may not even have to give the company a search warrant."
  • "I think that marketers like "cloud computing" because it is devoid of substantive meaning. The term's meaning is not substance, it's an attitude: 'Let any Tom, Dick and Harry hold your data, let any Tom, Dick and Harry do your computing for you (and control it).' Perhaps the term 'careless computing' would suit it better."
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  • as long as enough of us continue keeping our data under our own control, we can still do so. And we had better do so, or the option may disappear."
Javier E

Regulating Sex - The New York Times - 0 views

  • THIS is a strange moment for sex in America. We’ve detached it from pregnancy, matrimony and, in some circles, romance. At least, we no longer assume that intercourse signals the start of a relationship.
  • But the more casual sex becomes, the more we demand that our institutions and government police the line between what’s consensual and what isn’t. And we wonder how to define rape. Is it a violent assault or a violation of personal autonomy? Is a person guilty of sexual misconduct if he fails to get a clear “yes” through every step of seduction and consummation?
  • According to the doctrine of affirmative consent — the “yes means yes” rule — the answer is, well, yes, he is.
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  • if one person can think he’s hooking up while the other feels she’s being raped, it makes sense to have a law that eliminates the possibility of misunderstanding. “You shouldn’t be allowed to make the assumption that if you find someone lying on a bed, they’re free for sexual pleasure,”
  • About a quarter of all states, and the District of Columbia, now say sex isn’t legal without positive agreement,
  • And though most people think of “yes means yes” as strictly for college students, it is actually poised to become the law of the land.
  • But criminal law is a very powerful instrument for reshaping sexual mores.
  • Should we really put people in jail for not doing what most people aren’t doing? (Or at least, not yet?)
  • It’s one thing to teach college students to talk frankly about sex and not to have it without demonstrable pre-coital assent. Colleges are entitled to uphold their own standards of comportment, even if enforcement of that behavior is spotty or indifferent to the rights of the accused. It’s another thing to make sex a crime under conditions of poor communication.
  • Most people just aren’t very talkative during the delicate tango that precedes sex, and the re-education required to make them more forthcoming would be a very big project. Nor are people unerringly good at decoding sexual signals. If they were, we wouldn’t have romantic comedies.
  • “If there’s no social consensus about what the lines are,” says Nancy Gertner, a senior lecturer at Harvard Law School and a retired judge, then affirmative consent “has no business being in the criminal law.”
  • The example points to a trend evident both on campuses and in courts: the criminalization of what we think of as ordinary sex and of sex previously considered unsavory but not illegal.
  • Some new crimes outlined in the proposed code, for example, assume consent to be meaningless under conditions of unequal power. Consensual sex between professionals (therapists, lawyers and the like) and their patients and clients, for instance, would be a fourth-degree felony, punishable by significant time in prison.
  • most of these occupations already have codes of professional conduct, and victims also have recourse in the civil courts. Miscreants, she says, “should be drummed out of the profession or sued for malpractice.”
  • It’s important to remember that people convicted of sex crimes may not only go to jail, they can wind up on a sex-offender registry, with dire and lasting consequences.
  • We shouldn’t forget the harm done to American communities by the national passion for incarceration, either. In a letter to the American Law Institute, Ms. Smith listed several disturbing statistics: roughly one person in 100 behind bars, one in 31 under correctional supervision
  • the case for affirmative consent is “compelling,” he says. Mr. Schulhofer has argued that being raped is much worse than having to endure that awkward moment when one stops to confirm that one’s partner is happy to continue. Silence or inertia, often interpreted as agreement, may actually reflect confusion, drunkenness or “frozen fright,” a documented physiological response in which a person under sexual threat is paralyzed by terror
  • To critics who object that millions of people are having sex without getting unqualified assent and aren’t likely to change their ways, he’d reply that millions of people drive 65 miles per hour despite a 55-mile-per-hour speed limit, but the law still saves lives. As long as “people know what the rules of the road are,” he says, “the overwhelming majority will comply with them.”
  • He understands that the law will have to bring a light touch to the refashioning of sexual norms, which is why the current draft of the model code suggests classifying penetration without consent as a misdemeanor, a much lesser crime than a felony.
  • This may all sound reasonable, but even a misdemeanor conviction goes on the record as a sexual offense and can lead to registration
  • An affirmative consent standard also shifts the burden of proof from the accuser to the accused, which represents a real departure from the traditions of criminal law in the United States. Affirmative consent effectively means that the accused has to show that he got the go-ahead
  • if the law requires a “no,” then the jury will likely perceive any uncertainty about that “no” as a weakness in the prosecution’s case and not convict. But if the law requires a “yes,” then ambiguity will bolster the prosecutor’s argument: The guy didn’t get unequivocal consent, therefore he must be guilty of rape.
  • “It’s an unworkable standard,” says the Harvard law professor Jeannie C. Suk. “It’s only workable if we assume it’s not going to be enforced, by and large.” But that’s worrisome too. Selectively enforced laws have a nasty history of being used to harass people deemed to be undesirable, because of their politics, race or other reasons.
  • it’s probably just a matter of time before “yes means yes” becomes the law in most states. Ms. Suk told me that she and her colleagues have noticed a generational divide between them and their students. As undergraduates, they’re learning affirmative consent in their mandatory sexual-respect training sessions, and they come to “believe that this really is the best way to define consent, as positive agreement,” she says. When they graduate and enter the legal profession, they’ll probably reshape the law to reflect that belief.
  • Sex may become safer for some, but it will be a whole lot more anxiety-producing for others.
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