URGENT ASSISTANCE PLS
OFFICE OF THE CHAIRMAN CONTRACT AWARDING COMMITTEE ECOWAS HEADQUARTERS LOME,REPUBLIC OF TOGO TEL:00228-9015845. ACCOUNT PROVISION FOR USD25 MILLION Dear friend, Forgive my indignation if this message comes to you as a surprise and if it might offend you without your prior consent and writing through this channel. I am Dr Adamu Johnson,The Chairman, Contract Awarding Committee of the ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) with Headquarters in Lome, Togo.I got your information in a business directory from the Togolaise Chamber of Commerce and Industries when I was searching for a reliable,honest and trustworthy person to entrust this business with.I was simply inspired and motivated to pick your contact from the many names and lists in the directory. After discussing my view and your profile with my colleagues,they were very much satisfied and decided to contact you immediately for this mutual business relationship.We wish to transfer the sum of USD25,000,000.00 (Twenty-five Million United States Dollars only.)into your personal or company`s bank account. This fund was a residue of the over invoiced contract bills awarded by us for the supply of ammunitions, hard/soft wares,phamaceauticals/medical items,light and heavy duty vehicles, apperals and other administrative logistics etc for the ECOMOG in Sierria-Leone and Liberia during the Peace Keeping Projects. This DEAL was deliberately hatched out and carefully protected with all the attendant lope holes sealed off.As the Chairman of CAC,I have the cooperation and mandate of the Financial Director and the Secretary of the Organisation.We arranged and over invoiced the contract funds supplied by different companies from different countries during the crisis. It was our consensus to seek the assistance of a willing foreigner to provide us with the facilities to transfer this money out of West Africa.This is borne out of our beleif in the non-stable and sporous political nature of this sub-region. The original contractors have been duely paid by the (Central Bank of the West African States)through our bankers-Societe Generale Bank. This balance is suspended in the escrow accounts awaiting claims by any foreign company of our choice.We intend to pay out this fund NOW as the organisation is winding up its activities since the aim of returning PEACE to the countries and the coast has been achieved. Based on the laws and ethics of employment,we as civil servants working under this organisation, are not allowed to operate a foreign account.This is the more reason why we needed your assistance to provide an account that can sustain this fund for safe keeping and our future investment with your comprehensive advise,assistance and partnership in your country. It is however agreed,as the account owner in this deal to allow you 30% of the entire sum as compensation, 65% will be held on trust for us while 5% will be used to defray any incidental charges and cost during the course of the transaction. This transaction will be successfully concluded within 10 days if you accord us your unalloyed and due cooperation.You should provide the following: YOUR COMPANY`S NAME WITH COMPLETE ADDRESS,TEL AND FAX NUMBERS.(if available) THE COMPLETE MAILING ADRRESS OF THE BENEFICIARY WITH TELEPHONE AND FAX NUMBERS. Upon the receipt of this informations,the documents and approval with the texts will be sent to you for confirmaton and then forwarded to the organisation for ratification and subsequent payment. As with the case of all organised (sensitive)and conspired DEALS,we solicit for your unreserved confidentiality and utmost secret in this business. We hope to retire peacefully and lead a honourable business life afterwards.There are no risks involved. Kindly expedite action as we are behind schedule to enable us include this transfer in the next batch which would constitute the first quarter payments for the 2003 financial year. I await your urgent response. Yours faithfully, Dr.Adamu Johnson.
Affirmative Action case
Does anyone know what arguments in favor of Affirmative Action are being presented to the Supreme Court? I was wondering about this: I constantly hear that we can't have Affirmative Action because it discriminates. So, I was wondering if the solution was ever stated as just a very plain process of statistical adjustment. So for example, suppose that 36% of black children under the age of 6 grow up in poverty, versus 11% of white children (this is indeed approximately the ratio I remember from the last Statistical Abstract I looked at). You do the math, here and all along the social spectrum, and you simply find a set of multipliers for things like GPA and SAT scores. You say: The penalty imposed upon blacks from this area is approximately 1.5 GPA points, and 475 SAT points; the penalty imposed upon whites from the same area is 0.43 GPA points and 135 SAT points; the penalty imposed upon Latinos in the area is 1.25 GPA points and 450 SAT points; the penalty imposed upon whites living in Cambridge MA, is 0 GPA and 0 SAT (etc., etc.). You could slice this however you like, aggregating very broadly or very narrowly (the latter is better) but the cost to those trampled on by society can surely be captured (in part) in hard numbers. Has anyone every done this comprehensively? Does anyone know if this is how the problem/solution is stated in legal argument? I have never seen the penalty aspect of the problem of discrimination stated in such plain terms, though I'm sure it has been. Bill
Vote now in ABC poll on war (fwd)
ABC poll: Do you believe there is a case for war against Iraq? http://www.abc.net.au/news/poll1/vote/http://www.abc.net.au/news/poll1/vote/ Present vote stands at : Yes = 18% No = 82% Add your vote now! *** Masters of War by Bob Dylan Come you masters of war You that build all the guns You that build the death planes You that build the big bombs You that hide behind walls You that hide behind desks I just want you to know I can see through your masks You that never done nothin' But build to destroy You play with my world Like it's your little toy You put a gun in my hand And you hide from my eyes And you turn and run farther When the fast bullets fly Like Judas of old You lie and deceive A world war can be won You want me to believe But I see through your eyes And I see through your brain Like I see through the water That runs down my drain You fasten the triggers For the others to fire Then you set back and watch When the death count gets higher You hide in your mansion As young people's blood Flows out of their bodies And is buried in the mud You've thrown the worst fear That can ever be hurled Fear to bring children Into the world For threatening my baby Unborn and unnamed You ain't worth the blood That runs in your veins How much do I know To talk out of turn You might say that I'm young You might say I'm unlearned But there's one thing I know Though I'm younger than you Even Jesus would never Forgive what you do Let me ask you one question Is your money that good Will it buy you forgiveness Do you think that it could I think you will find When your death takes its toll All the money you made Will never buy back your soul And I hope that you die And your death'll come soon I will follow your casket In the pale afternoon And I'll watch while you're lowered Down to your deathbed And I'll stand o'er your grave 'Til I'm sure that you're dead
Re: Affirmative Action case
--- Bill Lear [EMAIL PROTECTED] wrote: Does anyone know what arguments in favor of Affirmative Action are being presented to the Supreme Court? In broad outline, yes. The actual nriefs are probable availsble at Findlaw.com, so you could look it up. In 1997 I published a paper in the Ohio State Law J. called A Not Quite Color-Blind Constitution that surveyed the law up till then; it's on the web, type in my name (Justin Schwartz) and the title in google. Broadly, the defense will be arguing something like this. The 14th amendmenr prohibits a state from discrimination on the basis of race unless there is a compelling state interest and the discrimination is narrowly tailored to meet that interest. The Supreme Court in _Regents of the U of C v. Bakke_ (1978), or Justice Powell, anyway, held that diversity in higher education is a compelling interest, and so a properly designed affirmative action plan could be narrowly tailored to meet it. Since _Bakke_, there has been a series of S.Ct cases striking down affirmative action and race-conscious programs in contracting (_Adarand_, _Croson_), broadcasting ( _Metro Broadcasting_ [I think!] holding diversity not to be a compelling interest in broadcasting), and voting rediscristing. At the lower court level, these precedents have been applied by the First, Fifth, Eleventh, and probably other circuit courts of appeals to education to invalidate affirmative action plans. The state of Michigan, defending its own plans, will try to distinguish these cases, argue that _Bakke_ is still good law, that higher education is a special context, and that the Court has lots of language saying taht in principle aff action is OK. Also it will argue the facts, that it's necessary to overcome state discrimination in Michigan. I was wondering about this: I constantly hear that we can't have Affirmative Action because it discriminates. So far that is not the law. Even Justice O'Connor,w ho has written the key cases, has always stated that reverse discrimination may be OK in some circumstances. She has just never found such a circumstances herself. So, I was wondering if the solution was ever stated as just a very plain process of statistical adjustment. The argument you state below has not been adopted by any court that I know about. It would almost certainly be a loser with the present S.Ct and the law as it stands. In fact the principle that aff action can be usedto make up for societal discrimiantion (as opposed to that due to govt action) has been _specifically_ rejected in many recent cases. If accepted, the argument would override the case law outside the education context. It might have played with the pre-Rehnquist Court that had Brennan, Marshall, and Blackmun. Not with this court, not with the case law we now have. Racial preferencials are only goingto be legally justified, if at all, by treating them as one factror among many in a mix of factors that universities look to in promoting diversity. jks, esq. So for example, suppose that 36% of black children under the age of 6 grow up in poverty, versus 11% of white children (this is indeed approximately the ratio I remember from the last Statistical Abstract I looked at). You do the math, here and all along the social spectrum, and you simply find a set of multipliers for things like GPA and SAT scores. You say: The penalty imposed upon blacks from this area is approximately 1.5 GPA points, and 475 SAT points; the penalty imposed upon whites from the same area is 0.43 GPA points and 135 SAT points; the penalty imposed upon Latinos in the area is 1.25 GPA points and 450 SAT points; the penalty imposed upon whites living in Cambridge MA, is 0 GPA and 0 SAT (etc., etc.). You could slice this however you like, aggregating very broadly or very narrowly (the latter is better) but the cost to those trampled on by society can surely be captured (in part) in hard numbers. Has anyone every done this comprehensively? Does anyone know if this is how the problem/solution is stated in legal argument? I have never seen the penalty aspect of the problem of discrimination stated in such plain terms, though I'm sure it has been. Bill __ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com
Re: Re: Affirmative Action case
On Thursday, January 16, 2003 at 06:26:16 (-0800) andie nachgeborenen writes: ... So, I was wondering if the solution was ever stated as just a very plain process of statistical adjustment. The argument you state below has not been adopted by any court that I know about. It would almost certainly be a loser with the present S.Ct and the law as it stands. In fact the principle that aff action can be usedto make up for societal discrimiantion (as opposed to that due to govt action) has been _specifically_ rejected in many recent cases. If accepted, the argument would override the case law outside the education context. It might have played with the pre-Rehnquist Court that had Brennan, Marshall, and Blackmun. Not with this court, not with the case law we now have. Racial preferencials are only goingto be legally justified, if at all, by treating them as one factror among many in a mix of factors that universities look to in promoting diversity. Hmm, thanks for the references. I wonder, though, what really counts as societal discrimination and what counts as governmental? If the government spends its resources on the privileged and not on the poor, isn't that discrimination? Bill
Re: Re: question regarding immigration/labour migrationfrom india to the US
Michael Perelman wrote: Some of the anger against the H1-b comes from the practice of laying off older programmers, who become unemployable. i can understand a conservative making this incorrect leap of logic (i.e., the blame rests not on the h-1b workers but on the corporations), but a left-wing radio station? --ravi
RE: Re: Affirmative Action case
Title: RE: [PEN-L:33890] Re: Affirmative Action case If the Supes and their appointee in the White House decide that affirmative action is _verboten_ and thus _kaput_, does that abolish athletic scholarships and (gasp) College affirmative action for alumni children? Jim Devine [EMAIL PROTECTED] http://bellarmine.lmu.edu/~jdevine -Original Message- From: andie nachgeborenen [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 16, 2003 6:26 AM To: [EMAIL PROTECTED] Subject: [PEN-L:33890] Re: Affirmative Action case --- Bill Lear [EMAIL PROTECTED] wrote: Does anyone know what arguments in favor of Affirmative Action are being presented to the Supreme Court? In broad outline, yes. The actual nriefs are probable availsble at Findlaw.com, so you could look it up. In 1997 I published a paper in the Ohio State Law J. called A Not Quite Color-Blind Constitution that surveyed the law up till then; it's on the web, type in my name (Justin Schwartz) and the title in google. Broadly, the defense will be arguing something like this. The 14th amendmenr prohibits a state from discrimination on the basis of race unless there is a compelling state interest and the discrimination is narrowly tailored to meet that interest. The Supreme Court in _Regents of the U of C v. Bakke_ (1978), or Justice Powell, anyway, held that diversity in higher education is a compelling interest, and so a properly designed affirmative action plan could be narrowly tailored to meet it. Since _Bakke_, there has been a series of S.Ct cases striking down affirmative action and race-conscious programs in contracting (_Adarand_, _Croson_), broadcasting ( _Metro Broadcasting_ [I think!] holding diversity not to be a compelling interest in broadcasting), and voting rediscristing. At the lower court level, these precedents have been applied by the First, Fifth, Eleventh, and probably other circuit courts of appeals to education to invalidate affirmative action plans. The state of Michigan, defending its own plans, will try to distinguish these cases, argue that _Bakke_ is still good law, that higher education is a special context, and that the Court has lots of language saying taht in principle aff action is OK. Also it will argue the facts, that it's necessary to overcome state discrimination in Michigan. I was wondering about this: I constantly hear that we can't have Affirmative Action because it discriminates. So far that is not the law. Even Justice O'Connor,w ho has written the key cases, has always stated that reverse discrimination may be OK in some circumstances. She has just never found such a circumstances herself. So, I was wondering if the solution was ever stated as just a very plain process of statistical adjustment. The argument you state below has not been adopted by any court that I know about. It would almost certainly be a loser with the present S.Ct and the law as it stands. In fact the principle that aff action can be usedto make up for societal discrimiantion (as opposed to that due to govt action) has been _specifically_ rejected in many recent cases. If accepted, the argument would override the case law outside the education context. It might have played with the pre-Rehnquist Court that had Brennan, Marshall, and Blackmun. Not with this court, not with the case law we now have. Racial preferencials are only goingto be legally justified, if at all, by treating them as one factror among many in a mix of factors that universities look to in promoting diversity. jks, esq. So for example, suppose that 36% of black children under the age of 6 grow up in poverty, versus 11% of white children (this is indeed approximately the ratio I remember from the last Statistical Abstract I looked at). You do the math, here and all along the social spectrum, and you simply find a set of multipliers for things like GPA and SAT scores. You say: The penalty imposed upon blacks from this area is approximately 1.5 GPA points, and 475 SAT points; the penalty imposed upon whites from the same area is 0.43 GPA points and 135 SAT points; the penalty imposed upon Latinos in the area is 1.25 GPA points and 450 SAT points; the penalty imposed upon whites living in Cambridge MA, is 0 GPA and 0 SAT (etc., etc.). You could slice this however you like, aggregating very broadly or very narrowly (the latter is better) but the cost to those trampled on by society can surely be captured (in part) in hard numbers. Has anyone every done this comprehensively? Does anyone know if this is how the problem/solution is stated in legal argument? I have never seen the penalty aspect of the problem of discrimination stated in such plain terms, though I'm sure it has been. Bill __ Do you Yahoo!?
Re: Cyprus: This country is ours rally!
Does this information mean that ethnic hostility is receding? Could this be the only place in the world where that is happening? -- Michael Perelman Economics Department California State University Chico, CA 95929 Tel. 530-898-5321 E-Mail [EMAIL PROTECTED]
Re: Revenge of the weeds
Very interesting. Last year, Syngenta, a competitor issued a paper warning that farmers could lose 17% of their land values. http://www.syngentacropprotection-us.com/media/article.asp?article_id=216 as a result of this problem. -- Michael Perelman Economics Department California State University Chico, CA 95929 Tel. 530-898-5321 E-Mail [EMAIL PROTECTED]
Re: RE: Re: Affirmative Action case
--- Devine, James [EMAIL PROTECTED] wrote: If the Supes and their appointee in the White House decide that affirmative action is _verboten_ and thus _kaput_, does that abolish athletic scholarships and (gasp) College affirmative action for alumni children? No, of course it doesn't. Discrimination on those bases isn't being challenged, just on basis of race. This is irony, right? jks __ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com
Re: Re: Re: Affirmative Action case
Hmm, thanks for the references. I wonder, though, what really counts as societal discrimination and what counts as governmental? If the government spends its resources on the privileged and not on the poor, isn't that discrimination? Wealth/poverty isn't a reviewable basis of discrimination in practical tersm. There are S.Ct cases so saying. Sorry. If govt spends discriminatorily on the basis of _race_, that is, intentionally because of race, that's reviewable and illegal. It doesn't count if it just has a disparate racial impact unintentioanlly though, it would have to be on purpose. There are also cases saying that. jks __ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com
Re: Re: RE: Re: Affirmative Action case
Recall how vigorously Bush I pursued antitrust action against the colleges for trying to give scholarships to deserving (non-athlete, not legacy) students. -- Michael Perelman Economics Department California State University Chico, CA 95929 Tel. 530-898-5321 E-Mail [EMAIL PROTECTED]
Adolph Reed, Sr. (1921-2003)
Adolph Reed, Sr. (1921 -2003) died on January 3 after a brief illness. Reed was a resident of Fayetteville since 1971, when he joined the political science faculty at the University of Arkansas. He retired with the title professor emeritus in 1994. A native Arkansan, like so many others of his generation in the late 1930s Reed migrated to Chicago, where he worked as a railroad dining car waiter and sat in on classes at the University of Chicago. The vibrant social and political world of the city's black South Side remained a central formative experience in his life. He was a veteran of World War II, where he saw action in the Normandy invasion and the Battle of the Bulge. He was involved in protests by black troops against discrimination in Charleston, SC and in Manchester, England. He never ceased to remark on the contradiction of having been sent to fight the racist Nazis in a racially segregated United States Army. After the war, Reed was among the ranks of the millions of World War II veterans who made use of the educational benefits provided by the G. I. Bill of Rights. He completed his undergraduate education at Fisk University in Nashville, TN. He then pursued post-graduate education at New York University and American University. Prior to coming to the University of Arkansas, Reed had served on the faculties at Arkansas A. M. N. College in Pine Bluff (now the University of Arkansas-Pine Bluff) and Southern University in Baton Rouge, LA. He also held visiting professorships at the University of North Carolina at Chapel Hill and the University of California at San Diego. He also served on the Arkansas and Louisiana State Constitutional Convention Committees. At Southern University in 1962, Professor Reed emerged as one of the most articulate voices in a faculty protest against the university administration's heavy-handed responses to students' civil rights activism. These events, and his role, are chronicled in Adam Fairclough's book, Race and Democracy: The Civil Rights Struggle in Louisiana, 1912-1972. His actions in the Southern University controversy were consistent with a lifelong commitment to social justice and demonstration of the courage of his convictions. While at Fisk, he was editor of an independent radical newspaper in Nashville called Give Me a Name. In the late 1940s in New York Reed was active in the American Labor Party, and in 1948 he was a delegate at the Progressive Party Convention that launched Henry Wallace's presidential campaign, in which Reed was also active. He was among the thousands who attended the famous September, 1949, concert in Peekskill, New York, to show support for singer Paul Robeson and to protest right-wing mob and police attacks against Robeson supporters on the site weeks before. In the early 1950s he was a political reporter for the New York Compass. Reed remained convinced that both major parties are too beholden to corporate interests, which he frequently described as the basis for the perverted priorities of American politics. In recent years he became an active supporter of the new Labor Party, created in 1996, and its project of building a politics in this country based on a working class economic agenda that cuts across other potential social divisions. All his life he lamented what he perceived as the ruling class's success in inducing too many poor and working people to identify the wrong enemies. He stressed the roles of the news media, education system and organized religion in perpetuating that situation. These convictions shaped his approach to intellectual and political life. He was widely known among colleagues and in the political science profession as a person of uncommon honesty and integrity, a witty and engaging raconteur, big band jazz aficionado, a biting critic and a generous friend. Although he never shied away from expressing intellectual and political disagreements, he refused to take differences personally and could maintain friendships with those with whom he differed sharply. His teaching philosophy was simply to encourage students to think independently. These qualities endeared him to generations of students, scores of whom retained close relations with him well into his retirement and their own middle age. His former students recall him as a brilliant, engaging lecturer, even when they disagreed with his views, and a common refrain of students from the beginning of his teaching career to its end was that he opened their eyes to the world and altered the course of their lives. Illinois Congressman Danny Davis, for instance, credits Reed for having shaped his political outlook. Professor Reed was an important force in the development of a generation of b lack political scientists. He was a founding member of the National Conference of Black Political Scientists and a prominent voice in the organization throughout its formative years. He was also a founding member of the American Political Science Association's Caucus
COPY ANY DVD TO A CD
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new to radio archive
Just added to my radio archive http://www.leftbusinessobserver.com/Radio.html: January 9, 2003 Ellen Frank (of Emmanuel College and Dollars Sense) and Max Sawicky (of EPI and Maxspeak.org) on the Bush tax package * journalist Tim Shorrock on the Korean crisis It joins other recent shows: December 19, 2002 Mark Hertsgaard, author of The Eagle's Shadow, on how the U.S. is seen abroad * Thomas Burke, author of Lawyers, Lawsuits, and Legal Rights, on the litigation explosion December 12, 2002 Sara Roy (contributor to The New Intifada) on the Palestinian economy * Geisa Maria Rocha on Brazil and the situation facing Lula December 5, 2002 Jonathan Nitzan, co-author of The Global Political Economy of Israel, talks about just that (and download the chapter [in Acrobat] on the weapondollar-petrodollar coalition) * Ghada Karmi, author of In Search of Fatima, talks about her childhood in Palestine and exile in England and other interviews, including Alexandra Robbins on Skull Bones * Joseph Stiglitz on the IMF and the Wall St-Treasury axis * Tariq Ali, Noam Chomsky, and Cynthia Enloe on the impending war with Iraq * Michael Hardt on Empire * Judith Levine on kids sex * Christopher Hitchens on Orwell and his new political affiliations... Doug
Law without morals (was Affirmative Action case)
--- Devine, James [EMAIL PROTECTED] wrote: it's irony, but basic principles of ethics, if the Supremes are to void AA to advance racial and/or gender equality, then AA should be abolished for athletes and alumni children, too. . . . Of course, the law doesn't reflect ethics but instead the current balance of economic and political power, along with precedent (which reflects the balance of economic and political power in the past). Well, yes, but you wouldn't want the law to reflect ethics, namely, the moral preferences of the judges deciding the cases, would you? I mean, that's part of the problem here. The moral questions are supposed to be decided by the legislature, in a constitutional case, by the ratifying process. That gives us law, which the judges are supposed to interpret regardless of their moral preferences. However, we have an S.Ct that fiunds aff action morally offensive,a nd is overriding the law to impose its moral views on the law. In general, a comparatively morality-free process of judicial interpretation is a good thing, not a problem with law. In the concrete case, it's not obviosu to me that nonracial preferences are anywhere nearly as problematic as racial ones, given our bad history and present of race relations. I think aff action can be justified, but anyone who doesn't see that it is at least somewhat problematic, taht it needs to be justified, isn't seeing straight. Legacy aff action is obnoxious partly because, given the history, the legacy admits are more likely to be white. Athletic aff action doesn't strike me as problematic at all. jks __ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com
RE: Law without morals (was Affirmative Action case)
Title: RE: [PEN-L:33903] Law without morals (was Affirmative Action case) I wrote that it's a basic principles of ethics, if the Supremes are to void AA [affirmative action] to advance racial and/or gender equality, then AA should be abolished for athletes and alumni children, too. . . . Of course, the law doesn't reflect ethics but instead the current balance of economic and political power, along with precedent (which reflects the balance of economic and political power in the past). JKS responds: Well, yes, but you wouldn't want the law to reflect ethics, namely, the moral preferences of the judges deciding the cases, would you? I mean, that's part of the problem here. I was talking about broad ethical principles, not the application of subjective ethics in specific cases. It's possible -- though not under capitalism unless there's a strong anti-systemic movement -- that these general principles of ethics could be used as general principles of law. Oh, I guess if you consider capitalist property rights to be a broad ethical principle, then we've already got ethical principles built into the legal system (though it seems that big capitalist property has disproportionate power -- i.e., effective or _de facto_ rights -- in the legal system compared to petty capitalist property). As long as we have non-robotic judges, the subjective moral visions of judges will play a role. But again, I wasn't talking about that. The moral questions are supposed to be decided by the legislature, in a constitutional case, by the ratifying process. That gives us law, which the judges are supposed to interpret regardless of their moral preferences. However, we have an S.Ct that fiunds aff action morally offensive, a nd is overriding the law to impose its moral views on the law. In general, a comparatively morality-free process of judicial interpretation is a good thing, not a problem with law. the legislature's one of the major reasons why the balance of political and economic power is reflected in the character of the law and its enforcement. I don't see why the legal system shouldn't reflect general moral principles. Maybe we could disagree about _which_ moral principles should apply, but you seem to be arguing in favor of amorality. In the concrete case, it's not obviosu to me that nonracial preferences are anywhere nearly as problematic as racial ones, given our bad history and present of race relations. I think aff action can be justified, but anyone who doesn't see that it is at least somewhat problematic, taht it needs to be justified, isn't seeing straight. Legacy aff action is obnoxious partly because, given the history, the legacy admits are more likely to be white. Athletic aff action doesn't strike me as problematic at all. The folks who oppose AA invoke issues of individual merit (SATs and the whole pile of no child left behind testing BS). The AA for alumni children and athletes goes against the principles of merit that these folks pretend to endorse. JD
Re: RE: Law without morals (was Affirmative Action case )
As long as we have non-robotic judges, the subjective moral visions of judges will play a role. Of course. As I know better than you! But again, I wasn't talking about that. the legislature's one of the major reasons why the balance of political and economic power is reflected in the character of the law and its enforcement. Yes, and? I don't see why the legal system shouldn't reflect general moral principles. Me neither. My point is just that imposing them isn't the judge's proper role, even if it inevitably happens in the interstices. Maybe we could disagree about _which_ moral principles should apply, but you seem to be arguing in favor of amorality. Ni, just judicial restriant. The judge's moral preferences oughn't to be determinative. In this case, if the 14th amendment equal protection clause doesn't mandate color-blindness, in view of the plain language, the legislative history, and precedent -- and it doesn't -- then it is lawless of judges to impose that interpreattion merely because they think that color-blindness is morally required -- even if they are right The folks who oppose AA invoke issues of individual merit (SATs and the whole pile of no child left behind testing BS). The AA for alumni children and athletes goes against the principles of merit that these folks pretend to endorse. Oh yeah, they're hypocrites. jks __ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com
RE: Re: RE: Law without morals (was Affirmative Action case )
Title: RE: [PEN-L:33905] Re: RE: Law without morals (was Affirmative Action case ) I wrote: As long as we have non-robotic judges, the subjective moral visions of judges will play a role. JKS: Of course. As I know better than you! It's likely, but personal experience isn't always better than theoretical understanding, since personal experience is on the level of anecdotes: it can give one a vision of the trees without an understanding of the forest. (Of course, theoretical understsnding can be wrong, too.) the legislature's one of the major reasons why the balance of political and economic power is reflected in the character of the law and its enforcement. Yes, and? My view is that we shouldn't rely on the current legal system or the politicians -- but instead should figure out how to change the balance of power (favoring the good guys of course). I don't see why the legal system shouldn't reflect general moral principles. Me neither. My point is just that imposing them isn't the judge's proper role, even if it inevitably happens in the interstices. But I wasn't advocating the taking of moral stands by individual judges. Maybe I might, but I haven't thought about it enough. Maybe we could disagree about _which_ moral principles should apply, but you seem to be arguing in favor of amorality. Ni, just judicial restriant. The judge's moral preferences oughn't to be determinative. In this case, if the 14th amendment equal protection clause doesn't mandate color-blindness, in view of the plain language, the legislative history, and precedent -- and it doesn't -- then it is lawless of judges to impose that interpreattion merely because they think that color-blindness is morally required -- even if they are right This is way off the subject under discussion (or at least what I was talking about, i.e., the contradiction between morality and the current judicial system). The folks who oppose AA invoke issues of individual merit (SATs and the whole pile of no child left behind testing BS). The AA for alumni children and athletes goes against the principles of merit that these folks pretend to endorse. Oh yeah, they're hypocrites. as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles (which some say is impossible). (According to Cornell West's dissertation, Marx's ethics ended up focussing precisely on this contraecitions.) Jim
It's not about oil
FYI/Joanna TheDay.com http://www.theday.com/eng/web/mktplace/re.aspx?reIDx=0351ae00-6fa4-48d4-a333 -6c539fce14a4prntV=1 All Of Iraq's Oil Can't Pay The Cost Of A War Iraq's Annual Oil Revenues At Present Are Only Around $10 Billion A Year. By TRUDY RUBIN Published on 1/14/2003 Is the United States going to war with Iraq to get its hands on Iraqi oil fields? Nearly everyone in the Middle East thinks so. So do some Americans. The theory is seductive. Iraq has the world's second-largest oil reserves, with rich new fields to explore. It's not just critics of an Iraq war who speculate about a war-oil linkage. Conservative pundits contend that post-Saddam Iraq will turn on the pumps and drive global oil prices down, while pulling out of the OPEC oil cartel and replacing the unpleasant Saudis as our key oil ally. Administration officials predict that oil will pay for all of Iraq's reconstruction and, some hint, for the costs of war. The only problem with all these oil theories is that they are wrong. There will be no fantastic oil bonanza at hand if Saddam Hussein is ousted. After 20 years of war and sanctions, Iraq's oil infrastructure is in disarray. It will take three or more years and $7 billion to $8 billion just to get back to 1980 production levels of 3.5 million barrels per day, according to experts. Boosting production to 6 million barrels per day would take $30 billion to $40 billion more in investment and many more years. (So much for hopes that the Iraqi oil tap will soon make Saudia Arabia's 8 billion barrels per day irrelevant). Moreover, Baghdad doesn't even have the cash to get started. Iraq's annual oil revenues at present are only around $10 billion a year. Even if we assume that Saddam doesn't torch the oil fields as a parting gesture, that level of income won't begin to meet the country's immediate needs. There will be huge emergency humanitarian bills after a military conflict. There will be an urgent need to rebuild basic infrastructure, like power grids, roads, and hospitals, which will eat up $25 billion to $100 billion more. Do the math, and what you get is a huge shortfall. In the next couple of years, international donors will have to pour money into Iraq. Anyone who imagines that Iraqi oil is going to pay the $100 billion bill for a war there is in fantasyland. Of course, foreign investment could help speed up the oil industry's recovery and augment Iraq's future income. But this brings us to the political impediments to dipping into Iraqi oil. U.S. companies might not be in a hurry to invest in an Iraq whose stability will be shaky in the near term. Even if they are eager, they will confront crucial issues of Iraqi nationalism and of law. Iraq, like the rest of the Gulf, has a state-owned oil company. No foreign oil company has operated in Iraq since 1960. Multinationals buy Iraqi oil for refining, but they have no equity share in the oil fields, nor do they get any percentage of oil for services performed. In a desperate bid for political support, Saddam promised the Russians and the French that he would offer them a chance to develop new oilfields. But if his dictatorship ends, any new oil arrangement will require the passage of new laws by a new, democratically elected parliament. This process will be time-consuming, but if the Bush administration really means to support democracy it must accept the results. And the results may not be to its liking. If the Baath Party survives, or some general makes a coup, it might be conceivable they would give the U.S. some oil contracts, says oil expert Fereidun Fesharaki of the East-West Center in Honolulu. But if they have proper elections ... you can't predict. You might have a nationalist government which doesn't want equity sharing or to give the U.S. the oil. Prime case in point: After the Gulf War, American companies expected to be invited to develop new Kuwaiti oilfields. Kuwait's government was willing, but the elected parliament refused. For similar Arab nationalist reasons, many experts expect that a new Iraqi government would stay in OPEC. Iraq was a founding member of OPEC, says Amy Myers Jaffe, senior energy adviser at the James A. Baker III Institute in Houston. You can't eradicate a country's history because they have a new government. That history which includes British colonial rule will require the United States to handle the oil issue with care after an Iraq war. Iraq has many oil experts, inside and outside the country, who can manage the industry. Control should be turned over to them once oil proceeds are weaned from U.N. supervision under the oil-for-food program. An elected Iraqi government may give contracts to U.S. companies or not. But any heavy-handed U.S. pressure is likely to boomerang and confirm the beliefs of those who think the war was only about oil. Even though, in reality, Iraq's fields are not up for grabs. Trudy Rubin is a columnist and editorial-board
Law without morals (was Affirmative Act ion case )
--- Devine, James [EMAIL PROTECTED] wrote: I wrote: As long as we have non-robotic judges, the subjective moral visions of judges will play a role. JKS: Of course. As I know better than you! It's likely, but personal experience isn't always better than theoretical understanding, since personal experience is on the level of anecdotes: it can give one a vision of the trees without an understanding of the forest. (Of course, theoretical understsnding can be wrong, too.) True, but apart from having seen the subjective moral visions of many different judges operate on actual cases up close and friendly for four years, I like to think I have theoretical understanding too. I've even written on the topic, the paper's seeking a home. ANyway, I can tell you from personal experience that in ordinary judicial decision, evenw hen judgesare doing their jobs (and not going against the moral judgment of the legislature or the Constitution's framers and ratifiers), personal moral judgment enters in, among otherplaces, in discretionary decisions, as well as in what bothers the judge. Judge Cummings was once verey disturbed by a plausible argument of a criminal defendant (bank robber) that there was racial discrimination involved in his jury choice, but couldn't be othered about what I thought was a troublesome aspect of his sentencing. This was because he hated discrimination, but thought that criminals deserved what they got, pretty much. My view is that we shouldn't rely on the current legal system or the politicians -- but instead should figure out how to change the balance of power (favoring the good guys of course). Yes, why not both? But I wasn't advocating the taking of moral stands by individual judges. Good. Maybe I might, but I haven't thought about it enough. You shouldn't. Advocate it that is. Think about is another matter. This is way off the subject under discussion (or at least what I was talking about, i.e., the contradiction between morality and the current judicial system). I think the confusion arises because you are attacking the immorality of the law, as you see it, not focusing narrowly (as I am) on the role of the judge. Hence judicial system is misleading. as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles I think that's cheap, actually, not strong. (which some say is impossible). But no one except philosophers really believes that. (According to Cornell West's dissertation, Marx's ethics ended up focussing precisely on this contraecitions.) Not West's strongest argument in my view. jks __ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com
ABC voting on war
Results of the voting so far: This week's question is Do you believe there is a case for war against Iraq? Yes 14% No 86% 9977 votes counted Vote at http://www.abc.net.au/news/poll1/vote/ *** Confronting 9-11, Ideologies of Race, and Eminent Economists, Vol. 20 RESEARCH IN POLITICAL ECONOMY, Paul Zarembka, editor, Elsevier Science http://ourworld.compuserve.com/homepages/PZarembka
Revolution in Cyprus
At 15/01/03 22:52 -0800, you wrote: More than 50,000 in Northern Cyprus means more than 80,000,000 in the US. This is some kind of a revolution I would say. Best, Sabri ++ I agree. After waiting for decades you pinch yourself to believe it, but sometimes there are qualitative changes. About 10 days ago there was the unprecedented criticism of Dentash by the leader of the new ruling party in Turkey. But this demonstration, so long awaited, has not been unprepared, even if it was invisible to us. Warm salutes to the tens of thousands of communists and democrats from both communities who have worked so long for this. I know something must have been happening under the surface, because they have long been many Turkish and Greek Cypriots living side by side in north London, without any violence. That will be a tribute to their marxist roots in their respective communities, working on the old fashioned principles of proletarian internationalism, whether they are Stalinist or eurocommunist by disposition. The demonstrators carrying olive branches are similar to those carrying carnations at the fall of Salazar. This is like the fall of the Berlin wall. The revolution depends on the conjucture of crucial economic and political factors. It includes the fact that the Turkish ruling class could no longer go on ruling with regard to Cyprus in the same way. It includes the thousands of protests to the European Union by those opposed to Turkish human rights abuses, and the refusal of Europe to admit Turkey without changes in human rights. It involves the ability of marxists and communists to blend with their own communities and still not totally lose their influence, even while having to make major compromises with the capitalist tendencies that are sweeping aside petty national differences. There may still be many more difficulties and much more patient work to be done. And a revolution does not always occur on one day. But the day of this demonstration by a quarter of the population of northern Cyprus may be the true day of the Cypriot revolution. Chris Burford London
Re: RE: Re: RE: Law without morals (was Affirmative Act ioncase )
Devine, James wrote: as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles (which some say is impossible). (According to Cornell West's dissertation, Marx's ethics ended up focussing precisely on this contraecitions.) Engels in 1885 (Preface to the First German Edition of POP): * The above application of the Ricardian theory that the entire social product belongs to the workers as their product, because they are the sole real producers, leads directly to communism. But, as Marx indeed indicates in the above-quoted passage, it is incorrect in formal economic terms, for it is simply an application of morality to economics. According to the laws of bourgeois economics, the greatest part of the product does not belong to the workers who have produced it. If we now say: that is unjust, that ought not to be so, then that has nothing immediately to do with economics. We are merely saying that this economic fact is in contradiction to our sense of morality. Marx, therefore, never based his communist demands upon this, but upon the inevitable collapse of the capitalist mode of production which is daily taking place before our eyes to an ever growing degree; he says only that surplus value consists of unpaid labour, which is a simple fact. But what in economic terms may be formally incorrect, may all the same be correct from the point of view of world history. If mass moral consciousness declares an economic fact to be unjust, as it did at one time in the case of slavery and statute labour, that is proof that the fact itself has outlived its day, that other economic facts have made their appearance due to which the former has become unbearable and untenable. Therefore, a very true economic content may be concealed behind the formal economic incorrectness. This is not the place to deal more closely with the significance and history of the theory of surplus value.* Carrol P.S. On an entirely different topic. The local anti-war group just purchased a half page ad in the local paper to print the NION statement with over 110 local signatures. I just met the group's treasurer while shopping, she told me that one contributor had called and asked how much more money we needed -- he would make up the difference!!! A lot of people really hate this war. We lack sufficient cadre locally, and collected the signatures and money for the ad mostly by word of mouth and e-mail. Had we the cadre and organization, I'm sure we could have collected hundreds more.
Re: Re: Revenge of the weeds
At 16/01/03 09:02 -0800, you wrote: Very interesting. Last year, Syngenta, a competitor issued a paper warning that farmers could lose 17% of their land values. http://www.syngentacropprotection-us.com/media/article.asp?article_id=216 as a result of this problem. Yes, remarkable further evidence. It shows from the mouths of the capitalists themselves how nature prevents them from just selling a commodity in disregard of its inter-relationship with the social and natural environment. This passage in the article you cite, The farm managers polled said a vigilant approach to resistance management is important. Nearly half, 47 percent, said they require their renters to use crop and herbicide rotation practices to avoid resistance, and 54 percent said they would make this mandatory in the future. Also, 70 percent said the use of these practices influence their tenant selection today. shows how they have to manage the whole social and environmental process. Although they are talking about crop rotation, the impact on land values makes me think by association with land and crop rotation, such as the three-field system of the feudal middle ages. Human societies have to manage their resources or perish. That may include complex social relations far transcending the encounter of commodity units of abstract exchange value. In so many ways capitalism is running up against its limits to accumulate exchange value on the basis of private ownership of means of production of commodities. Serious analysis increasingly has to make the social nature and implications of commodities transparent. These news items have stripped away the fetishistic power of Roundup Ready. Chris Burford London
Morality Engels
Title: Morality Engels I wrote: as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles (which some say is impossible). (According to Cornell West's dissertation, Marx's ethics ended up focussing precisely on this contraecitions.) Carrol quotes Engels: The above application of the Ricardian theory that the entire social product belongs to the workers as their product, because they are the sole real producers, leads directly to communism. But, as Marx indeed indicates in the above-quoted passage, it is incorrect in formal economic terms, for it is simply an application of morality to economics. According to the laws of bourgeois economics, the greatest part of the product does not belong to the workers who have produced it. If we now say: that is unjust, that ought not to be so, then that has nothing immediately to do with economics. We are merely saying that this economic fact is in contradiction to our sense of morality. Marx, therefore, never based his communist demands upon this, but upon the inevitable collapse of the capitalist mode of production which is daily taking place before our eyes to an ever growing degree; he says only that surplus value consists of unpaid labour, which is a simple fact. But what in economic terms may be formally incorrect, may all the same be correct from the point of view of world history. If mass moral consciousness declares an economic fact to be unjust, as it did at one time in the case of slavery and statute labour, that is proof that the fact itself has outlived its day, that other economic facts have made their appearance due to which the former has become unbearable and untenable. Therefore, a very true economic content may be concealed behind the formal economic incorrectness. This is not the place to deal more closely with the significance and history of the theory of surplus value. I generally agree with the above, except for the bit about the inevitable collapse of the capitalist mode of production which is daily taking place before our eyes to an ever growing degree which seems to be based in Marx's optimism rather than in scientific analysis of capitalism of his day. (After all, it didn't collapse. Or did I miss something?) Anyway, I was not advocating the contradiction between our morality and capitalism in my passage quoted above. Rather contradiction is between capitalism's official morality (equal opportunity, etc.) and capitalism's reality. In Marx's CAPITAL, for example, it seems to me that Marx took the idea that many political economists of his day believed, i.e., that products sold (approximately) in proportion to their labor-value, or the capitalist's own view that I worked for it, goddamn it, so it's mine as assumption. He then showed that exploitation could and did exist anyway, because workers were dominated in the hidden realm of production and thus produced surplus-value. Jim
RE: Law without morals
Title: RE: [PEN-L:33908] Law without morals I wrote: My view is that we shouldn't rely on the current legal system or the politicians -- but instead should figure out how to change the balance of power (favoring the good guys of course). JKS writesYes, why not both? maybe we should use the legal system (e.g., to defend anti-war demonstrators or suspect Arabs persecuted by the Bushmasters) but we can't _rely_ on it or trust it. The US legal system, for example, is a creature of the capitalist system. There are interstices where dedicated lawyers can work successfully to defend and extend civil liberties, for example, but the overall deck is stacked. (sorry about the mixed metaphor.) me: But I wasn't advocating the taking of moral stands by individual judges. him: Good. Maybe I might, but I haven't thought about it enough. him: You shouldn't. Advocate it that is. Think about is another matter. Call me an academic (I'm sure that He Who Should Not Be Named would), but I reject this kind of appeal to authority. _Why_ is it verboten for judges to take moral stands? I can imagine that it would be better if they were to do so openly rather than doing it covertly, as they typically do now. But again, I haven't thought about this issue. I'd rather hear an argument against it than mere assertion. (It reminds me of the plaintiff's lawyer in the civil case I was a juror for, who simply asserted that his case was good.) This is way off the subject under discussion (or at least what I was talking about, i.e., the contradiction between morality and the current judicial system). I think the confusion arises because you are attacking the immorality of the law, as you see it, not focusing narrowly (as I am) on the role of the judge. Hence judicial system is misleading. I never was focusing on the role of the judge. How did the focus become only on the role of the judge? In this thread, I was _always_ talking about the legal _system_. as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles JKS:I think that's cheap, actually, not strong. again, an appeal to authority! In a world where there is no moral consensus, I see nothing wrong with a cheap criticism of hypocrisy. Noam Chomsky, for example. uses that kind of critique regularly, and with good effect. (which some say is impossible). JKS:But no one except philosophers really believes that. Should we ignore philosophers and go with what the non-philosophers say, even when the latter could be wrong? (According to Cornell West's dissertation, Marx's ethics ended up focussing precisely on this contraecitions.) JKS:Not West's strongest argument in my view. _why_ is it weak? just because you say so? My impression is that West doesn't present enough evidence for his case. But once you think of the mature work of Marx in these terms, it makes more sense. Marx clearly is morally committed, but does not argue in terms of capitalism is immoral. Instead, he does stuff like comparing the realm of Freedom, Equality, Property, and Bentham (the official capitalist morality of his day) and the reality he sees in production and in capitalist society as a whole of Capitalist Supremacy, Inequality, Exploitation, and Rule by Profit. Jim
Re: Law without morals (was Affirmative Act ion case )
In a message dated 1/16/03 3:28:18 PM Pacific Standard Time, [EMAIL PROTECTED] writes: as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles I think that's cheap, actually, not strong. (which some say is impossible). But no one except philosophers really believes that. (According to Cornell West's dissertation, Marx's ethics ended up focussing precisely on this contradictions.) Not West's strongest argument in my view. jks I have read Cornel West major philosophic writings over the course of the past 25 years. I personally like Cornel and have followed his career as a bourgeois philosopher for the past two decades. This means that I am taken the opportunity to become familiar with his following published writings. "Prophecy Deliverance! An Afro-American Revolutionary Christianity (1982), his CO-authorship of "Theology in Americas: Detroit 2 (1982) - an I attended the events talked about, Prophetic Fragments (1988), "The American Evasion of Philosophy: A Genealogy of Pragmatism (1989), "The Ethical Dimensions of Marxist Thought," (1991) "Breaking Bread: Insurgent Black Intellectual Life (1991), "Beyond Eurocentrism and Multiculturalism. Volume One: Prophetic Thought in Postmodern Times (1993), "Race Matters" (1993) and "Keeping Faith: Philosophy and Race in America (1993). Cornel is a bourgeois philosopher and my brother - in the intimate sense of the word. Everything he writes is more than less riveted to the Negro Question - that is the matter of the black African slaves brought to America and who evolved into a distinct peoples. Thus when I read 9 post about Affirmative Action and none of them talk about the real black people affected and why affirmative action evolved in the first place I am reminded of the infantile conceptualization of the degenerate petite bourgeois intellectual. To reduce affirmative action to ethics and morality is simplemindedness and chauvinism of the highest waters. No. Affirmative action arose as the direct result of the mechanization of agriculture and the need to break the social barriers that prevented the integration oft he black masses in the industrial infrastructure. A legal analysis of this process would of course use the Hayes Tilden Agreement as precedence - and before that the Dred Scott Decision of 1839 . These "moral" questions of legal rights as property were in fact questions concerning the accumulation of capital. Affirmative action has a moral dimension but has never been a moral question except to the property owners and their intellectual lackeys. I assure you that owning me and my children, which requires substantial armed force to impose, is not a moral and ethical question at its base but a question of material wealth and force. Force only appears as a moral and ethical question to that sector of the intelligencia tied to the class applying the force. Ethics are market relations and morality is something that has not been defined by the writers of the 9 post. I have some ideas about the genesis of morality as it erupts from human agency and is transformed on the basis of the changes in the material power of production. The apparent chauvinism of the writers of the 9 post on this subject does not arise from some innate theory or feelings of racial superiority, although that might be there, but "consumption theory." This matter of oppressing peoples and oppressed peoples has been considered by generations of "scholars" on "both sides." Is not "affirmative action" a matter of addressing grievances expressed by the oppressed peoples? Now Corneal West has coined the concept "the conditions of the absurd" in contradiction to the philosophic concept of "tragedy" - which arose as a philosophic concept of predestination - inevitability. But, then again this is an economic talk line. Melvin P.
Re: Morality Engels
Devine, James wrote: I generally agree with the above, except for the bit about the inevitable collapse of the capitalist mode of production which is daily taking place before our eyes to an ever growing degree which seems to be based in Marx's optimism rather than in scientific analysis of capitalism of his day. (After all, it didn't collapse. Or did I miss something?) No, you didn't miss anything I'm afraid. :-) I agree that collapse is not inevitable, but it also seems to me that _some_ part of the claim may be upheld. The collapse of capitalism is _necessitated_ by its own internal dynamic -- but that doesn't mean it's going to happen. It is the nature of capitalism to be self-destructive, to necessitate its surpassing (as in Luxemburg's socialism or barbarism), as one might say that acute appendicitis necessitates surgery. But contingency ultimately rules. Carrol
Artificial economic inefficiency
I'm curious what the technical name for this sort of barrier to economic efficiency is. Has anyone ever cataloged this sort of thing? I'd be very interested if so ... Bill Printer industry seeks to keep lock on cartridge profit By Dawn C. Chmielewski Mercury News Your printer and ink cartridges are sharing secrets that keep you shelling out outrageous prices for refills. Lexmark admits it designed its new generation of laser printers to work only with Lexmark toner cartridges, not cheaper no-name refills. And it's making a federal case out of it. Lexmark is suing a maker of generic toner cartridges, claiming it illegally cracked the ``secret handshake'' that links cartridge with printer. Without the secret code, no document will print. Static Control Components, a generic cartridge maker in North Carolina, developed a microchip that speaks the same language. That, according to Lexmark, violates the Digital Millennium Copyright Act, which makes it a federal crime to circumvent a technological lock that protects copyrighted works -- like, say, a printer program. This blatant anti-consumer behavior on Lexmark's part helps explain why we continue to pay Tiffany prices for a product that costs about $3 to make. And we don't even get the chic powder-blue box to make us feel special about the purchase. Lexmark is just one of a number of big-name printer companies that uses chip technology as a padlock to keep exclusive hold on the lucrative market for printer supplies, which Gartner Dataquest says accounts for 53 percent of Lexmark's revenue. The nation's leading maker of printers, Hewlett-Packard, and another big printer-maker, Epson, use smart chip technology in their ink cartridges to serve as electronic dipsticks, informing the printer how much ink is left. When the ink is gone, the printer stops working until the consumer replaces it with a new cartridge -- with a new chip. Refills won't work.
Re: Re: Morality Engels
- Original Message - From: Carrol Cox [EMAIL PROTECTED] I agree that collapse is not inevitable, but it also seems to me that _some_ part of the claim may be upheld. The collapse of capitalism is _necessitated_ by its own internal dynamic -- but that doesn't mean it's going to happen. It is the nature of capitalism to be self-destructive, to necessitate its surpassing (as in Luxemburg's socialism or barbarism), as one might say that acute appendicitis necessitates surgery. But contingency ultimately rules. Carrol === Hyman Minsky used to say there were 57 varieties of capitalism. If we're on, say, our 3rd or 4th version, I'm not sure the planet can handle trying out the remaining possible variations should each future successive model seriously undermine its own social structure of accumulation. Ian
RE: Re: Re: Morality Engels
Hyman Minsky used to say there were 57 varieties of capitalism. I think it is getting to the point where more people have said Minsky said it than he actually said it himself. He always said it was 57 pickles. I thought it was ketchup. In any case, I always wondered, are there really so many varieties of capitalism? Well, maybe not. It turns out, the 57 was completely arbitrary. The rest is history indeed! From the Heinz web site: What is the significance of 57? The Heinz 57 Varieties slogan is synonymous with the name Heinz. Our corporate history tells us that in 1896, Henry John Heinz noticed an advertisement for 21 styles of shoes. He decided that his own products were not styles, but varieties. Although there were many more than 57 foods in production at the time, because the numbers 5 and 7 held a special significance for him and his wife, he adopted the slogan 57 Varieties. Thus, a new advertising campaign was launched for Heinz 57 Varieties - and the rest is history! http://www.heinz.com/jsp/consumer_faq.jsp#11
Re: RE: Law without morals
maybe we should use the legal system (e.g., to defend anti-war demonstrators or suspect Arabs persecuted by the Bushmasters) but we can't _rely_ on it or trust it. I agree. But I wasn't advocating the taking of moral stands by individual judges. him: You shouldn't. Advocate it that is. Think about is another matter. Call me an academic (I'm sure that He Who Should Not Be Named would), but I reject this kind of appeal to authority. What appeal to authority? What authority? I was just giving you advice. _Why_ is it verboten for judges to take moral stands? Because in a society that claims to be democratic, it's not their job. They're supposed to interpret the law. The moral judgments are made by the legislators. Of course, as we have noth said, even if they try to do their job their views will come into play. But we don't want Scalia saying, I think abortion is immoral, so I'll vote to allow states to make it illegal. We want him to say: the Constitution, as interpreted by this Court, unfortunately protects a woman's right to choose, and I, unfortunately, have to vote to uphold Roe and Casey. I can imagine that it would be better if they were to do so openly rather than doing it covertly, as they typically do now. But again, I haven't thought about this issue. I'd rather hear an argument against it than mere assertion. I have a 60 page paper on the subject looking for a home, some of the argument is summarized above, shall I email it to you? I never was focusing on the role of the judge. How did the focus become only on the role of the judge? In this thread, I was _always_ talking about the legal _system_. Because you used the expression judicial system. ANd we weretalking about the Court's upcoming review of aff action, i.e., the behavior of judges. as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles JKS:I think that's cheap, actually, not strong. again, an appeal to authority! No, it's not. Unless you take me to be saying that you should believe what I said because I think so and I'm holding myself out to be an Authority, which I don't, except on the content of the law, where I actually am an authority at least hereabouts. In a world where there is no moral consensus, I see nothing wrong with a cheap criticism of hypocrisy. Noam Chomsky, for example. uses that kind of critique regularly, and with good effect. I don't think it has particularly good effect. It diverts attention from the underlying badness of the actions to the formal inconsistency between the pronounced justification and the action. It's essentially a liberal critique, not in the good sense of liberal, but in the wishy washy sense. The problem with, e.g., the phony defense of color blindness as promoting merit is not that people don't act consistently with it, but that in a racist society, colot blindness leads to oppression. (which some say is impossible). JKS:But no one except philosophers really believes that. Should we ignore philosophers and go with what the non-philosophers say, even when the latter could be wrong? As a sometime philosopher, I'd say, definitely. There is no proposition so absurd that some philosopher has not maintained it. When philosophers generate silly puzzles about thinks that no one really doubts, e.g., whether the real world is real, whether we can make moral judgments at all, whether there are other minds, the proper response, if one cares enough about it, is to diagnise where they went wrong and what false presuppositions led them to doubt things where no real grounds for doubt exists. (According to Cornell West's dissertation, Marx's ethics ended up focussing precisely on this contraecitions.) JKS:Not West's strongest argument in my view. _why_ is it weak? just because you say so? No, because I think that's not Marx's approach, such as it is, to ethics. He's not an exposer of hypocrisy, except incidentally. My impression is that West doesn't present enough evidence for his case. But once you think of the mature work of Marx in these terms, it makes more sense. Marx clearly is morally committed, but does not argue in terms of capitalism is immoral. That is obviously true, although Marx clearly is outraged by capitalism. Instead, he does stuff like comparing the realm of Freedom, Equality, Property, and Bentham (the official capitalist morality of his day) and the reality he sees in production and in capitalist society as a whole of Capitalist Supremacy, Inequality, Exploitation, and Rule by Profit. But this isn't an expose of hypocrisy. Hypocrisy is the tribute vice pays to virtue (Wilde); the hypocrite knows he's being a phony. Marx's theory of ideology deoends on the
RE: Re: Morality Engels
Title: RE: [PEN-L:33916] Re: Morality Engels I wrote: I generally agree with the above [quote from Engels], except for the bit about the inevitable collapse of the capitalist mode of production which is daily taking place before our eyes to an ever growing degree which seems to be based in Marx's optimism rather than in scientific analysis of capitalism of his day. (After all, it didn't collapse. Or did I miss something?) Carrol writes: No, you didn't miss anything I'm afraid. :-) I agree that collapse is not inevitable, but it also seems to me that _some_ part of the claim may be upheld. The collapse of capitalism is _necessitated_ by its own internal dynamic -- but that doesn't mean it's going to happen. It is the nature of capitalism to be self-destructive, to necessitate its surpassing (as in Luxemburg's socialism or barbarism), as one might say that acute appendicitis necessitates surgery. But contingency ultimately rules. this discussion reminds me of a book I have on Marxism and Utopianism (unfortunately I don't have it here and so can't give a complete reference). It argues that the really big difference between M and U is not that pointed up by the later Social Democrats, Stalinists, etc., which emphasizes the scientific nature of their version of M and the objective laws of motion of capitalism driving it to revolution (socialism or barbarism -- or a combination of the two?). Rather, it was a difference of _tactics_ and _strategy_. The U's had blueprints which they showed to people and set up colonies to show that their version of U would work well (usually under the benevolent leadership of an Owen-like figure). On the other hand, M and Engels believed that there were objective tendencies in real-world history that could make the working class more powerful, even able to set up democracy (which necessarily had to be socialistic). So instead of blueprints, they favored helping the working class liberate itself. Jim
British Marxist Historians the Study of Social Movements
Making Social Movements: The British Marxist Historians and the Study of Social Movements, June 26-28, 2002, Edge Hill College of Higher Education, England, http://www.edgehill.ac.uk/research/smg/AJconfTimetable.htm Colin Barker (Manchester Metropolitan University) A Modern Moral Economy: Edward Thompson and Valentin Volosinov Meet in a North Manchester Protest http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Barker-modernmoraleconomy.pdf David Seddon (University of East Anglia) Food Riots, Past and Present: Globalisation and Contemporary Popular Protest http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/food_riots_paper-David_Seddon.pdf Mark Boden (London School of Economics) British Marxist Historiography and the Question of 'Absent' Bourgeoisie: A Critique http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/BritishMarxistHistoriography-MarkBoden.pdf Dorothy Thompson (Author: The Chartists) http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Dorothy%20Thompson.pdf Paul Blackledge (Leeds Metropolitan University) All That Moves Is the Market: Perry Anderson's Historical Pessimism http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Andersonshistoricalpessimism-PaulBlackledge.pdf Sean Scalmer (Macquarie University, Australia) The Problem of Decline: Demobilisation and the Fracturing of Working Class Politics http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/TheProblemDecline-Sean_Scalmer.pdf Neil Davidson (The Open University) Regional Peasant Revolt and Religious Radicalism during the Scottish Bourgeois Revolution http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/PEASANT_REVOLT-Davidson.pdf Edwin Roberts (California State University, Long Beach) From the History of Science to the Science of History: The Role of Scientists and Historians in the Shaping of British Marxist Theory http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/EdwinRoberts-Historyofscience.pdf Bollette M. Christensen (University of Copenhagen) Constructing a Social Movement (Attac in Denmark) http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/B-Christensen-Constructing_a_Social_Movement.pdf Sigrid McCausland (The Australian National University) Movement and Class: the Anti-Uranium Movement in Australia http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/SigridMcCausland-AntiUraniumMovement.pdf James Holstun (State University of New York, Buffalo) Brian Manning and the Dialectics of Revolt http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Holstun%20-%20Manning%20and%20Dialectics.pdf Geoff Kennedy (York University, Toronto) Digger Radicalism and Agrarian Capitalism http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/DiggerRadicalismAgrarianCapitalism-GeoffKennedy.pdf Ulrich Oslender (University of Glasgow) The Return of the primitive rebel? Reflections on the Colombian Conflict Today http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/UlrichOslender-primitiverebel.pdf Philip Shasko (University of Wisconsin) From Primitive Rebels to Conscious Revolutionaries: The Macedonian Struggle as a Social Movement, 1878-1912 http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Shashko-PrimativeRebel.pdf Henrique Espada Lima (Universidade Federal de Santa Catarina, Brazil) Historical Microanalysis and Social History: Historiographical Exchanges between British Marxist History and the Italian Microhistory Debate http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/EspadaLima-HistoricalMicroanalysisandsocialhistory.pdf Keith Flett (London Socialist Historians Group) Whistling into a Typhoon: A Moral Economy of Anti-Privatisation http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Whistlingtyphoon-KeithFlett.pdf Trevor Bark Crime Becomes Custom -- Custom Becomes Crime http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Trevor%20Bark%20-%20Crime%20becomes%20custom.pdf Mi Park (London School of Economics) Ideology and Lived Experience: A Case Study of Revolutionary Movements in South Korea, 1980-1995 http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Mi%20Park%20-%20Ideology%20and%20Lived%20Experience.pdf Sara Motta (London School of Economics) Argentinian Popular Protest in the 21st Century: The Making of a Subject of History or a Reaction of an Angry Crowd? http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/ArgentinaMotta.pdf Alan Johnson (Edge Hill College) Christopher Hill and the Study of Social Movements Leadership http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/Johnson%20-%20Leadership%20as%20Capacity.pdf Wade Matthews (University of Strathclyde) The Poverty of Strategy: Socialism and the British Marxists http://www.edgehill.ac.uk/research/smg/pdf%20-%20Conference/ThePovertyofStrategy-WadeMatthews.pdf Antonio Negro (Universidade Federal de Bahia) A Limited Number of Ideas for an Unlimited Social History. Notes on Brazilian Trends
interlocking directorates study
Here is a link to the article on interlocking directorates that has been indexed in several places recently (including ATTAC). The title is "The Network Topography of the American Corporate Elite, 1982-2001" by Gerald Davis, Mina Yoo and Wayne Baker. http://experiments.gsia.cmu.edu/speakers/Davis.pdf Peter
RE: Re: RE: Law without morals
Title: RE: [PEN-L:33920] Re: RE: Law without morals I wrote: I reject this kind of appeal to authority. JKS writes: What appeal to authority? What authority? I was just giving you advice. _your_ authority, since you didn't justify the advice in any way. It was your Word: therefore I was expected to accept it. me: _Why_ is it verboten for judges to take moral stands? JKS: Because in a society that claims to be democratic, it's not their job. They're supposed to interpret the law. The moral judgments are made by the legislators. it claims to be democratic, but it's a democracy dominated by money power. If I were to develop an argument against judges taking moral stands, it would be based on the view that most such behavior would be pointless (since it would be overturned on appeal). Further, if it wasn't overturned, it's likely because it reflects the shared (class) interests of judges, one that's very much like the petty bourgeoisie of old. Still, I would admire a judge who threw a spanner in the works to block the attack on Iraq. JKS:Of course, as we have noth said, even if they try to do their job their views will come into play. But we don't want Scalia saying, I think abortion is immoral, so I'll vote to allow states to make it illegal. We want him to say: the Constitution, as interpreted by this Court, unfortunately protects a woman's right to choose, and I, unfortunately, have to vote to uphold Roe and Casey. but isn't this just covert taking of a moral stand? isn't he and the other four going to cloak their anti-choice decision in constitutional-sounding mumbo-jumbo (full of sound and fury, but signifying nothing), just as they did in the Gore vs. Bush decision? Why do you trust Scalia to say what he means? or to mean what he says? I can imagine that it would be better if they were to do so openly rather than doing it covertly, as they typically do now. But again, I haven't thought about this issue. I'd rather hear an argument against it than mere assertion. I have a 60 page paper on the subject looking for a home, some of the argument is summarized above, shall I email it to you? since I am not a lawyer (to paraphrase a late President), that would be useless to me. Is there any way to paraphrase it? what are the assumptions you start with? what kind of logic do you use? is it a socio-economic analysis of the legal system? me: I never was focusing on the role of the judge. How did the focus become only on the role of the judge? In this thread, I was _always_ talking about the legal _system_. JKS: Because you used the expression judicial system. ANd we weretalking about the Court's upcoming review of aff action, i.e., the behavior of judges. The judicial system is pretty much identical to the legal system, while a system cannot be reduced to mere behavior of individuals. In any event, the Supremes' decision is completely different from the standard run-of-the-mill judge. They aren't subject to any kind of appeal, so they can simply make the kind of moral judgement you abhor (and dress it up in legal lingo) and there's nothing anyone can do about it until the balance of power changes so that reasonable people can be appointed to the Court. I had written: as a an ethicist friend of mine says, one of the strongest (and easiest) moral cases one can make is by pointing to the contradiction between moral theory and actual practice (i.e., hypocrisy), because there's no need to develop basic moral principles JKS:I think that's cheap, actually, not strong. again, an appeal to authority! JKS replies: No, it's not. Unless you take me to be saying that you should believe what I said because I think so and I'm holding myself out to be an Authority, which I don't, except on the content of the law, where I actually am an authority at least hereabouts. maybe you aren't the Authority, but why should I believe what you say? (and we are not talking about the content of the law.) In a world where there is no moral consensus, I see nothing wrong with a cheap criticism of hypocrisy. Noam Chomsky, for example. uses that kind of critique regularly, and with good effect. JKS: I don't think it has particularly good effect. It diverts attention from the underlying badness of the actions to the formal inconsistency between the pronounced justification and the action. It's essentially a liberal critique, not in the good sense of liberal, but in the wishy washy sense. interesting critique of Chomsky. The problem with, e.g., the phony defense of color blindness as promoting merit is not that people don't act consistently with it, but that in a racist society, colot blindness leads to oppression. that's more the Marx version. He pointed to the contrast between capitalist rhetoric and the actual structure of the system. Chomsky does this too, sometimes. (which some say is impossible). JKS:But no one except philosophers
RE: Re: Re: Morality Engels
Hyman Minsky used to say there were 57 varieties of capitalism. I think it is getting to the point where more people have said Minsky said it than he actually said it himself. He always said it was 57 pickles. I thought it was ketchup. In any case, I always wondered, are there really so many varieties of capitalism? Well, maybe not. It turns out, the 57 was completely arbitrary. The rest is history indeed! = What, economists make folklore? Shocking! If capitalism[s] can be modeled in a hyperspace of possible of ecological-economies. Ian
wto and the byrd amendment
US Faces WTO Pressure to Repeal Trade Measure Thu January 16, 2003 04:43 PM ET By Doug Palmer WASHINGTON (Reuters) - The United States faced pressure on Thursday from the World Trade Organization to repeal a controversial trade protection program that has paid out more than $500 million to American steel companies and other firms over the past two years. The WTO appeals body in Geneva ruled that the United States was in violation of world trading rules with the so-called Byrd amendment that requires the Customs Service to distribute the anti-dumping duties it collects to the U.S. companies that complained of unfair trade practices. U.S. steel and ball bearing companies are among the biggest beneficiaries. Although the U.S. Trade Representative's office said the United States would comply with the ruling, it stopped short of saying it would ask Congress to repeal the popular program -- as demanded by European Union Trade Commissioner Pascal Lamy. We are reviewing the report to assess the best compliance options and will discuss these with the (House) Ways and Means Committee and the (Senate) Finance Committee and all other interested members of Congress, USTR said in a statement. Senate Finance Committee Chairman Charles Grassley, an Iowa Republican, issued a similarly couched statement, while expressing disappointment with the ruling. I'll work with the administration and my colleagues before deciding next steps, Grassley said. Of course, we need to comply with our WTO commitments, win or lose. Democrats, including the senior West Virginia senator for whom the provision is named, said the WTO had no right to tell the United States how to use the money raised by the anti-dumping duties. Contrary to the WTO's findings, the Byrd Amendment is fully consistent with our international obligations, Sen. Robert Byrd said. It does not violate any agreement; rather, it is based on a concept that is not addressed by WTO agreements. Congress passed the Byrd amendment -- officially known as the Continued Dumping and Subsidy Offset Act -- in 2000 over the advice the former Clinton administration, which warned it would increase tensions with the EU and other trading partners. The measure allows companies that have persuaded the federal government to impose anti-dumping or countervailing duties on unfairly priced imports to receive the money raised by those duties. Customs paid out $329 million to companies under the program in 2002, up from $207 million in 2001. Previously, funds raised by duties went into the general treasury. Congressional and industry sources have said the Bush administration could propose a repeal of the Byrd amendment in its upcoming 2004 budget. That would please the EU and other countries including Australia, Brazil, Canada, India, Japan, South Korea and Mexico that brought the case to the WTO. In the end, this (WTO panel) decision may not matter much -- as I suspect there is little support in Congress for implementing it, said Montana Sen. Max Baucus, who is the top Democrat on the Senate Finance Committee. Rep. Sander Levin, a Michigan Democrat who serves on the Ways and Means panel, said he would oppose any effort to repeal the Byrd amendment. Instead, the United States should pursue negotiations on the issue in the WTO, he said. A spate of unfavorable WTO rulings -- including a multibillion-dollar case brought by the EU over U.S. tax breaks for exporters -- are eroding U.S. support for the WTO, Levin said.
Re: Rates of Profit: Recent Estimates\Japan
Hi Paul, Thanks again for your comments. A couple of responses below. On Wed, 15 Jan 2003, Paul_A wrote: Fred, This has been very useful. Thanks for the stimulating posts. The point about debt and financial fragility really must be kept as a prime issue. You asked for reactions about Japan and nationalizing the bank debt. I understand that by new proposal you mean it is a new alternative to the U.S. pushed proposal of a classic bankruptcy\deflation with assets being sold off cheaply (and bought by you-know-who). I also understand you are not asking about the political morality of the proposal, just how would it work out from the macro economic perspective of nation states and capitals. Right, I am mainly interested in a general theoretical analysis of the extent to which government policies could avoid, or minimize, the necessity of bankruptcies in order to reduce debt burdens. In order to be more effective, I imagine that the government bail-outs would also have to include writing off some of the debt of borrowers, not just taking over the bad loans of the banks. But this would of course cost the government even more. And even if debt burdens are reduced, these bankruptcy-avoidance policies still do nothing to raise the rate of profit. Doesn't the analogy to Latin America remind you of just how outrageous it was in the early '80s that their massive debt, largely private or non-sovereign, was nationalized without even a bargaining process or concessions? What cowardly and selfish leadership; how disingenuous of the Bretton Woods institutions to help push this along. Are you sure about this? I thought that most of this earlier Latin American debt was governent debt from the beginning. Please explain further. What were the main private sectors whose debt was taken over by the government? Thanks again. Comradely, Fred
Re: RE: Re: RE: Law without morals
me: _Why_ is it verboten for judges to take moral stands? JKS: Because in a society that claims to be democratic, it's not their job. They're supposed to interpret the law. The moral judgments are made by the legislators. it claims to be democratic, but it's a democracy dominated by money power. So that makes it OK for unelected judges (or judges who are elected to interpret the law) to impose their personal prejudices? If I were to develop an argument against judges taking moral stands, it would be based on the view that most such behavior would be pointless (since it would be overturned on appeal). If it went against the law, and the higher court didn't share the prejudices (and was also lawless). Apparantly it doesn't bother you if judges are lawless. Further, if it wasn't overturned, it's likely because it reflects the shared (class) interests of judges, one that's very much like the petty bourgeoisie of old. Well, judges aren't a class. But they tend to share the class prejudices of their class, professionals and govt bureaucrats. Still, I would admire a judge who threw a spanner in the works to block the attack on Iraq. That would be really stupid as well as lawless. My judge on the DCt very properly threw out of court a legal challenge to the Kosovo intervention (which intervention I opposed). Judges aren't empowered to make foreign policy. J We want [Scalia] to say: the Constitution, as interpreted by this Court, unfortunately protects a woman's right to choose, and I, unfortunately, have to vote to uphold Roe and Casey. but isn't this just covert taking of a moral stand? Deference to democratic authority is not a covert moral stand. isn't he and the other four going to cloak their anti-choice decision in constitutional-sounding mumbo-jumbo (full of sound and fury, but signifying nothing), just as they did in the Gore vs. Bush decision? Of course. Why do you trust Scalia to say what he means? or to mean what he says? I don't trust him. But I'd want him to say he was bound by the law, and to be bound by the law, even if the law offended him deeply. I have a 60 page paper on the subject looking for a home, some of the argument is summarized above, shall I email it to you? since I am not a lawyer (to paraphrase a late President), that would be useless to me. Ni, it's pretty much straught philosophy. You could follow it. You won't like it -- I'm very judicially conservative (if politically radical) -- but you are fully competent to understand and critique it. Is there any way to paraphrase it? what are the assumptions you start with? Unjustified. what kind of logic do you use? Faulty. is it a socio-economic analysis of the legal system? No. The judicial system is pretty much identical to the legal system, while a system cannot be reduced to mere behavior of individuals. Well, if you want to use words that way. It's not how I use legal system, especially if I am talking about legislation. In any event, the Supremes' decision is completely different from the standard run-of-the-mill judge. They aren't subject to any kind of appeal, so they can simply make the kind of moral judgement you abhor (and dress it up in legal lingo) and there's nothing anyone can do about it until the balance of power changes so that reasonable people can be appointed to the Court. Quite right. That's why it's especilaly important for them be honest and law-abiding. maybe you aren't the Authority, but why should I believe what you say? (and we are not talking about the content of the law.) Because I am so wise and clever. JKS: I don't think [critique of hypocrisy] has particularly good effect. It diverts attention from the underlying badness of the actions to the formal inconsistency between the pronounced justification and the action. It's essentially a liberal critique, not in the good sense of liberal, but in the wishy washy sense. interesting critique of Chomsky. Do you find it persuasive? Should we ignore philosophers and go with what the non-philosophers say, even when the latter could be wrong? JKS:As a sometime philosopher, I'd say, definitely. There is no proposition so absurd that some philosopher has not maintained it. When philosophers generate silly puzzles about thinks that no one really doubts . . . the proper response, if one cares enough about it, is to diagnise where they went wrong and what false presuppositions led them to doubt things where no real grounds for doubt exists. I didn't say _obey_ or _believe_ what philosophers say (not to mention what _all_ philosophers say). I said that we shouldn't ignore their points. Philosophical reflection should not be ruled out. Of course. Least of all by me. But my point stands. We seem to agree about Marx, only I don't call his appriach a critique of hypocrusy. jks
Re: Re: RE: Re: RE: Law without morals
- Original Message - From: andie nachgeborenen [EMAIL PROTECTED] So that makes it OK for unelected judges (or judges who are elected to interpret the law) to impose their personal prejudices? == What makes this judge bipolar is that he has a consistent tendency to alternate between ideologies over time. . . . But like the difference splitter, we predict his behavior on the basis of our knowledge of other people's ideological productions. . . .Unlike the difference splitter, he lets himself go and participates actively in constructing the very ideological positions of which he is at the same time independent. http://www.cardozo.yu.edu/cardlrev/v22n3-4/davidkennedy.pdf