The Stephen King novel “Dolores Claiborne” and the movie and opera by
the same name raise two interesting and arcane matters of the
criminal law of attempts and self defense.
Friday, December 5, 2014
Was Dolores Claiborne guilty? Abandonment of Attempts & Causing the Conditions of Own Defense
Friday, November 7, 2014
Deceptive Truth: Kant, Sandel, & Bill Clinton
Occasioned
by the suggestion of Sandel that it may sometimes be morally permissible to
deceive people, so long as you do so without lying, I here examine such alleged
truths as “I did not have sexual relations with that woman.” After setting up the issues in Section 1, in Sections 2-4 I examine questions of language, communication, and truthfulness
in assessing whether candidate deceptive truths really are true. These
sections require little if any prior familiarity in the area. The fifth
section, however, probably will be hard to follow unless you have some acquaintance
with Kant’s ethics. Lacking that, you still may well be able to follow the
Sections 6-8, and the final section on the Clinton impeachment has no
prerequisites.
Labels:
Ambiguity,
Bronston,
casuistry,
Clinton,
consequentialism,
deceptive truth,
high crimes and misdemeanors,
impeachment,
Kant,
Lewinsky,
lying,
perjury,
Sandel,
term of art,
Textualism,
Vagueness
Saturday, October 4, 2014
Was the US Constitution Unconstitutional?
In the United States we have a nearly universal reverence for our Constitution, the Constitution of 1789 together with its amendments. Largely inspired by the aura of that great document, citizens of the United States tend also to be strong constitutionalists, lower case, believing that every nation should be governed by a written constitution guaranteeing rights, representation, legality, and stability.
It is something of an irony, then, that the Constitution
appears, at least on the face of things, to have been unconstitutional.
Saturday, September 20, 2014
Feynman, the Onion of Scientific Discovery and Ultimate Laws of Nature
What if there were no ultimate laws of nature or even no
ultimate description of reality? What if science would continue to make the
kind of progress it seems to have been making without ever reaching a
fundamental level of explanation?
Tuesday, September 16, 2014
The Constitution of a Christian Country
Looking back to the founding of the United States, is it
right to say that the Constitution is the Constitution of a Christian country? The answer has to be: “yes and no.”
Saturday, September 13, 2014
The Moral Underpinnings of Democracy and its Degree-Affected Variant
Motivated by some ideas that percolated around in the New
Left, this essay argues that the core justification of democracy is not that it
maximizes utility (which it often does pretty well) or even that it recognizes equality of citizenship (which is essential to any just political order), but
instead that it is the best projection into the sphere of social decision
making of the values of individual autonomy and liberty. It follows that democracy keyed to the stake
that each voter has in the outcome will sometimes realize democratic values more
fully than does one citizen one vote.
Wednesday, September 10, 2014
Probabilities, Atheism, Agnosticism, & Hope
What should we say of a person who assigns a low, but non-zero, probability for the existence of God, or a high, but non-one probability? Are they agnostics? Can one responsibly hope that God exists while believing the probability is very low?
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