B. Diane Lipsett
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199754519
- eISBN:
- 9780199827213
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199754519.001.0001
- Subject:
- Religion, Early Christian Studies
Self-restraint or self-mastery may appear to be the opposite of erotic desire. But in three ancient tales of conversion—The Shepherd of Hermas, the Acts of Paul and Thecla, and Joseph and Aseneth—the ...
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Self-restraint or self-mastery may appear to be the opposite of erotic desire. But in three ancient tales of conversion—The Shepherd of Hermas, the Acts of Paul and Thecla, and Joseph and Aseneth—the interplay of desire and self-restraint is complex and dynamic, as careful literary analysis shows. This study treats conversion—the marked change in a protagonist’s piety and identity—as in part an effect of story, a function of narrative textures, coherence, and closure. Readings of the three narratives gain nuance through appeals to varied theorists of desire, self-formation, and narrative, including Foucault, psychoanalytic theorists, and the ancient literary critic Longinus. Well grounded in scholarship on Hermas, Thecla, and Aseneth, the closely paced readings sharpen attention to each story, while also advancing discussions of ancient views of the self; of desire, masculinity, and virginity; of the cultural codes around marriage and continence; and of the textual energetics of conversion tales.Less
Self-restraint or self-mastery may appear to be the opposite of erotic desire. But in three ancient tales of conversion—The Shepherd of Hermas, the Acts of Paul and Thecla, and Joseph and Aseneth—the interplay of desire and self-restraint is complex and dynamic, as careful literary analysis shows. This study treats conversion—the marked change in a protagonist’s piety and identity—as in part an effect of story, a function of narrative textures, coherence, and closure. Readings of the three narratives gain nuance through appeals to varied theorists of desire, self-formation, and narrative, including Foucault, psychoanalytic theorists, and the ancient literary critic Longinus. Well grounded in scholarship on Hermas, Thecla, and Aseneth, the closely paced readings sharpen attention to each story, while also advancing discussions of ancient views of the self; of desire, masculinity, and virginity; of the cultural codes around marriage and continence; and of the textual energetics of conversion tales.
B. Diane Lipsett
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199754519
- eISBN:
- 9780199827213
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199754519.003.0005
- Subject:
- Religion, Early Christian Studies
The conclusion compares concisely how the different narrative textures and particularities of the tales of Hermas, Thecla, and Aseneth generate discrete representations of conversion. It also offers ...
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The conclusion compares concisely how the different narrative textures and particularities of the tales of Hermas, Thecla, and Aseneth generate discrete representations of conversion. It also offers a compressed summary of some of the gender-laden elements in these conversion stories: virginity, celibacy, masculinity, self-mastery and desire. Each story offers a distinctive development of the thematic of desire, restraint, and conversion.Less
The conclusion compares concisely how the different narrative textures and particularities of the tales of Hermas, Thecla, and Aseneth generate discrete representations of conversion. It also offers a compressed summary of some of the gender-laden elements in these conversion stories: virginity, celibacy, masculinity, self-mastery and desire. Each story offers a distinctive development of the thematic of desire, restraint, and conversion.
Stefanie A. Lindquist and Frank B. Cross
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195370850
- eISBN:
- 9780199870790
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370850.001.0001
- Subject:
- Law, Comparative Law
This book explores the theoretical and empirical dimensions to this controversial subject. The main aim of the book is to shift the focus of the academic and political debate over judicial activism ...
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This book explores the theoretical and empirical dimensions to this controversial subject. The main aim of the book is to shift the focus of the academic and political debate over judicial activism to a more objective, empirically-based approach to analyzing activism in appellate courts. Focusing on the justices' voting behavior on the United States Supreme Court from 1954 to 2004, the book first identifies theoretical dimensions to judicial activism based on scholars' attention to the Court's potential for countermajoritarian action. In particular, the book considers the propensity of the justices to (1) strike down legislation enacted by state and federal elected officials, (2) invalidate executive branch actions in connection with judicial review of administrative agencies, (3) expand the power of the federal judiciary through increasing access to the courts, and (4) alter prevailing legal rules by overturning precedent. All of these dimensions are also evaluated in terms of the justices' propensities to vote in these areas in accordance with their own personal policy preferences. The final chapter creates a “judicial activism scale” for the justices serving on the Court during the Warren, Burger, and Rehnquist Courts.Less
This book explores the theoretical and empirical dimensions to this controversial subject. The main aim of the book is to shift the focus of the academic and political debate over judicial activism to a more objective, empirically-based approach to analyzing activism in appellate courts. Focusing on the justices' voting behavior on the United States Supreme Court from 1954 to 2004, the book first identifies theoretical dimensions to judicial activism based on scholars' attention to the Court's potential for countermajoritarian action. In particular, the book considers the propensity of the justices to (1) strike down legislation enacted by state and federal elected officials, (2) invalidate executive branch actions in connection with judicial review of administrative agencies, (3) expand the power of the federal judiciary through increasing access to the courts, and (4) alter prevailing legal rules by overturning precedent. All of these dimensions are also evaluated in terms of the justices' propensities to vote in these areas in accordance with their own personal policy preferences. The final chapter creates a “judicial activism scale” for the justices serving on the Court during the Warren, Burger, and Rehnquist Courts.
M. L. J. Wissenburg
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294894
- eISBN:
- 9780191599064
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294891.003.0008
- Subject:
- Political Science, Environmental Politics
Marcel Wissenburg makes a close analysis of John Rawls's ‘savings principle’ as articulated in Political Liberalism, and argues that, properly understood, it is a necessary condition for the survival ...
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Marcel Wissenburg makes a close analysis of John Rawls's ‘savings principle’ as articulated in Political Liberalism, and argues that, properly understood, it is a necessary condition for the survival of liberal democracy. If so, then liberalism and sustainability are more compatible than is often claimed. Much depends on what savings the present generation is obliged to make, and Wissenburg generates a ‘restraint principle’ that enjoins any given generation not to destroy goods unless unavoidable, to replace with identical ones if not, to replace with equivalent ones if identical ones are not available, and to offer compensation as a last resort. Much depends on what ‘unless unavoidable’ means, and this will be a normative as well as a technical issue.Less
Marcel Wissenburg makes a close analysis of John Rawls's ‘savings principle’ as articulated in Political Liberalism, and argues that, properly understood, it is a necessary condition for the survival of liberal democracy. If so, then liberalism and sustainability are more compatible than is often claimed. Much depends on what savings the present generation is obliged to make, and Wissenburg generates a ‘restraint principle’ that enjoins any given generation not to destroy goods unless unavoidable, to replace with identical ones if not, to replace with equivalent ones if identical ones are not available, and to offer compensation as a last resort. Much depends on what ‘unless unavoidable’ means, and this will be a normative as well as a technical issue.
Maurizio Ferrera and Elisabetta Gualmini
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199240920
- eISBN:
- 9780191600180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240922.003.0008
- Subject:
- Political Science, Comparative Politics
Italy's economic and employment problems were to a large extent home made, whereas external economic and political pressures did facilitate internal revitalization. While export‐oriented industries ...
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Italy's economic and employment problems were to a large extent home made, whereas external economic and political pressures did facilitate internal revitalization. While export‐oriented industries in northern Italy had maintained international competitiveness, overall employment rates were very low, and inflation was very high until the early 1990s. Since the clientelistic Italian state was not able to put the brakes on the spiral of wage and price increases that were automatically linked to all sorts of public and welfare‐state expenditures, public‐sector deficits were rising inexorably. After the collapse of the old party system, however, the unions were able and willing to enter into a series of accords with successive reform governments that not only facilitated price stability through wage restraint but that also legitimated significant welfare cutbacks that contributed to budget consolidation. The impetus for reform was a serious political commitment to meet the stringent Maastricht criteria in order to ensure Italy's membership in the European Monetary Union.Less
Italy's economic and employment problems were to a large extent home made, whereas external economic and political pressures did facilitate internal revitalization. While export‐oriented industries in northern Italy had maintained international competitiveness, overall employment rates were very low, and inflation was very high until the early 1990s. Since the clientelistic Italian state was not able to put the brakes on the spiral of wage and price increases that were automatically linked to all sorts of public and welfare‐state expenditures, public‐sector deficits were rising inexorably. After the collapse of the old party system, however, the unions were able and willing to enter into a series of accords with successive reform governments that not only facilitated price stability through wage restraint but that also legitimated significant welfare cutbacks that contributed to budget consolidation. The impetus for reform was a serious political commitment to meet the stringent Maastricht criteria in order to ensure Italy's membership in the European Monetary Union.
Cécile Laborde
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199550210
- eISBN:
- 9780191720857
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550210.003.0002
- Subject:
- Political Science, European Union, Political Theory
Chapter 2 presents the official republican view of secularism as a theory of neutrality and equal concern. Citizens are treated fairly if they live under a religiously neutral (neither religious nor ...
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Chapter 2 presents the official republican view of secularism as a theory of neutrality and equal concern. Citizens are treated fairly if they live under a religiously neutral (neither religious nor anti-religious) public sphere. Laïcité contains both an institutional doctrine of separation, which outlines what separation means for governmental institutions, and a doctrine of conscience, which prescribes norms of conduct both for religious organizations and for individual citizens. The Chapter shows that laïcité offers a distinctively republican interpretation of the requirements of liberal neutrality. State schools are seen to be part of the public sphere and pupils, as potential citizens, are required to exercise restraint in the expression of their religious beliefs. Thus Muslims are requested to respect the principle of neutrality of the public space by privatising matters relating to their faith and identity, and respecting the principle of formal equality and non-interference of the state in religious matters.Less
Chapter 2 presents the official republican view of secularism as a theory of neutrality and equal concern. Citizens are treated fairly if they live under a religiously neutral (neither religious nor anti-religious) public sphere. Laïcité contains both an institutional doctrine of separation, which outlines what separation means for governmental institutions, and a doctrine of conscience, which prescribes norms of conduct both for religious organizations and for individual citizens. The Chapter shows that laïcité offers a distinctively republican interpretation of the requirements of liberal neutrality. State schools are seen to be part of the public sphere and pupils, as potential citizens, are required to exercise restraint in the expression of their religious beliefs. Thus Muslims are requested to respect the principle of neutrality of the public space by privatising matters relating to their faith and identity, and respecting the principle of formal equality and non-interference of the state in religious matters.
Terence Ball
- Published in print:
- 1994
- Published Online:
- November 2003
- ISBN:
- 9780198279952
- eISBN:
- 9780191598753
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198279957.003.0006
- Subject:
- Political Science, Political Theory
This chapter compares and contrasts the schemes for a civil religion advanced by Auguste Comte and James Mill, which contrasts the former's illiberal and priestly views with the latter's liberal and ...
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This chapter compares and contrasts the schemes for a civil religion advanced by Auguste Comte and James Mill, which contrasts the former's illiberal and priestly views with the latter's liberal and low‐church conception of the role of religion in a modern and largely secular society. The purpose of Mill's civil religion is pedagogical: it seeks to impart civically useful knowledge and to instil a sense of civic responsibility and restraint. This stands in stark contrast to Comte's civil religion, which seeks to stifle criticism, manipulate the emotions, and procure assent to an authoritarian and undemocratic system of priestly rule.Less
This chapter compares and contrasts the schemes for a civil religion advanced by Auguste Comte and James Mill, which contrasts the former's illiberal and priestly views with the latter's liberal and low‐church conception of the role of religion in a modern and largely secular society. The purpose of Mill's civil religion is pedagogical: it seeks to impart civically useful knowledge and to instil a sense of civic responsibility and restraint. This stands in stark contrast to Comte's civil religion, which seeks to stifle criticism, manipulate the emotions, and procure assent to an authoritarian and undemocratic system of priestly rule.
Michael A. Bailey and Forrest Maltzman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151045
- eISBN:
- 9781400840267
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151045.003.0001
- Subject:
- Law, Legal History
This introductory chapter considers the constraints faced by Supreme Court justices. It begins by discussing the attitudinal model, which assumes that justices are “decision makers who always vote ...
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This introductory chapter considers the constraints faced by Supreme Court justices. It begins by discussing the attitudinal model, which assumes that justices are “decision makers who always vote their unconstrained attitudes.” It then turns to three legal principles that might constrain justices: stare decisis, judicial restraint, and strict construction of the Constitution. Stare decisis is the doctrine that decisions should be consistent with past decisions. Judicial restraint implies that justices should defer to elected officials as much as possible within the bounds established by the Constitution. The remainder of the chapter deals with external constraints followed by an overview of the subsequent chapters.Less
This introductory chapter considers the constraints faced by Supreme Court justices. It begins by discussing the attitudinal model, which assumes that justices are “decision makers who always vote their unconstrained attitudes.” It then turns to three legal principles that might constrain justices: stare decisis, judicial restraint, and strict construction of the Constitution. Stare decisis is the doctrine that decisions should be consistent with past decisions. Judicial restraint implies that justices should defer to elected officials as much as possible within the bounds established by the Constitution. The remainder of the chapter deals with external constraints followed by an overview of the subsequent chapters.
Michael A. Bailey and Forrest Maltzman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151045
- eISBN:
- 9781400840267
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151045.003.0004
- Subject:
- Law, Legal History
Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial ...
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Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial decision-making, including stare decisis, originalism, plain meaning, the promotion of democratic participation, and doctrines with regard to specific elements of the Constitution such as the Bill of Rights or the commerce clause. The chapter concentrates on three legal doctrines (stare decisis, strict interpretation of the Constitution, and judicial restraint) that are both prominent and clearly more likely to play a role in structuring decision-making on some cases than on others. These doctrines are not necessarily canons of jurisprudence that are universally shared; they are principles that are widely acknowledged in the legal world as appropriately influencing constitutional interpretation.Less
Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial decision-making, including stare decisis, originalism, plain meaning, the promotion of democratic participation, and doctrines with regard to specific elements of the Constitution such as the Bill of Rights or the commerce clause. The chapter concentrates on three legal doctrines (stare decisis, strict interpretation of the Constitution, and judicial restraint) that are both prominent and clearly more likely to play a role in structuring decision-making on some cases than on others. These doctrines are not necessarily canons of jurisprudence that are universally shared; they are principles that are widely acknowledged in the legal world as appropriately influencing constitutional interpretation.
ALYSON J. K. BAILES and ANNA WETTER
- Published in print:
- 2007
- Published Online:
- January 2012
- ISBN:
- 9780197264089
- eISBN:
- 9780191734809
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264089.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter states the question starkly: between two such mismatched partners, is it not natural to wonder whether someone is being fooled and someone profiting unduly. The discussion then proceeds ...
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This chapter states the question starkly: between two such mismatched partners, is it not natural to wonder whether someone is being fooled and someone profiting unduly. The discussion then proceeds to an audit of Chinese–European interaction in areas of security restraint, whether defined in terms of issues (demilitarization, non-proliferation, confidence-building, and peace-keeping) or levels (Asian sub-regional and regional, inter-regional, and global). It concludes that the China–Europe security relationship ‘works’ because of its limits: items on the agenda are limited; China's accommodation of EU goals is limited; the process is limited in its functionalism; and the limits of the EU's ‘soft engagement’ are not revealed because of the ‘hard engagement’ taking place in different parts. Yet it would not be good if hard engagement stood alone; so Europe should intensify its strategy of mutual binding.Less
This chapter states the question starkly: between two such mismatched partners, is it not natural to wonder whether someone is being fooled and someone profiting unduly. The discussion then proceeds to an audit of Chinese–European interaction in areas of security restraint, whether defined in terms of issues (demilitarization, non-proliferation, confidence-building, and peace-keeping) or levels (Asian sub-regional and regional, inter-regional, and global). It concludes that the China–Europe security relationship ‘works’ because of its limits: items on the agenda are limited; China's accommodation of EU goals is limited; the process is limited in its functionalism; and the limits of the EU's ‘soft engagement’ are not revealed because of the ‘hard engagement’ taking place in different parts. Yet it would not be good if hard engagement stood alone; so Europe should intensify its strategy of mutual binding.
Jonathan Quong
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199594870
- eISBN:
- 9780191723513
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199594870.003.0009
- Subject:
- Political Science, Comparative Politics, Political Theory
Liberals usually insist that justice must have priority over other values in our practical deliberations, but this insistence seems to pose particular problems for political liberalism given two of ...
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Liberals usually insist that justice must have priority over other values in our practical deliberations, but this insistence seems to pose particular problems for political liberalism given two of its other commitments. The first is the commitment to abstain from appeals to truth in political philosophy. The second is the commitment to avoid scepticism about our capacity to know the good. Critics argue that political liberalism cannot justify the priority of justice without falling foul of at least one of these two commitments. This chapter shows why this objection is misguided, and how political liberalism's criterion of reasonable acceptability can posit the priority of liberal justice while avoiding controversial claims about truth and scepticism.Less
Liberals usually insist that justice must have priority over other values in our practical deliberations, but this insistence seems to pose particular problems for political liberalism given two of its other commitments. The first is the commitment to abstain from appeals to truth in political philosophy. The second is the commitment to avoid scepticism about our capacity to know the good. Critics argue that political liberalism cannot justify the priority of justice without falling foul of at least one of these two commitments. This chapter shows why this objection is misguided, and how political liberalism's criterion of reasonable acceptability can posit the priority of liberal justice while avoiding controversial claims about truth and scepticism.
B. Diane Lipsett
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199754519
- eISBN:
- 9780199827213
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199754519.003.0003
- Subject:
- Religion, Early Christian Studies
The chapter offers a close analysis of The Acts of Paul and Thecla, tracing how desire, restraint, and narrative transformation intersect with depictions of virginity, maternity, and masculinity. ...
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The chapter offers a close analysis of The Acts of Paul and Thecla, tracing how desire, restraint, and narrative transformation intersect with depictions of virginity, maternity, and masculinity. Select comparisons are made to the Greek romances Daphnis and Chloe and Leucippe and Clitophon as well as to The Acts of Peter and The Acts of Andrew. In Thecla’s fast-paced tale with minimal interiority, desire destabilizes the protagonist and propels conversion: social reidentification, ritual act, changes in language, changes in the self. Self-restraint and resurrection (companion values in this narrative) are not the antidotes to Thecla’s desire, but its objects. The reading is also informed by selections from several literary interpreters, including Judith Butler and Julia Kristeva, as they draw from psychoanalytic views of desire’s displacements, movements and returns.Less
The chapter offers a close analysis of The Acts of Paul and Thecla, tracing how desire, restraint, and narrative transformation intersect with depictions of virginity, maternity, and masculinity. Select comparisons are made to the Greek romances Daphnis and Chloe and Leucippe and Clitophon as well as to The Acts of Peter and The Acts of Andrew. In Thecla’s fast-paced tale with minimal interiority, desire destabilizes the protagonist and propels conversion: social reidentification, ritual act, changes in language, changes in the self. Self-restraint and resurrection (companion values in this narrative) are not the antidotes to Thecla’s desire, but its objects. The reading is also informed by selections from several literary interpreters, including Judith Butler and Julia Kristeva, as they draw from psychoanalytic views of desire’s displacements, movements and returns.
Louis Kaplow
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158624
- eISBN:
- 9781400846078
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158624.003.0005
- Subject:
- Economics and Finance, Economic History
This chapter examines how the lower courts confront central legal questions that routinely arise in price-fixing and other horizontal-restraints cases in which the existence of an agreement is in ...
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This chapter examines how the lower courts confront central legal questions that routinely arise in price-fixing and other horizontal-restraints cases in which the existence of an agreement is in dispute. In light of the discussion in the previous chapters, it is not surprising that the practice in lower courts is difficult to characterize—although some commentators nevertheless depict a substantially harmonious state of affairs. The problem begins with the frequent need to make inferences from circumstantial evidence, which all acknowledge to be necessary. As a consequence of the problem of defining agreement, it is difficult to know what one is trying to infer or how inferences can be made even when evidence of agreement appears to be fairly direct. Various seemingly clear rules, such as the demand for so-called plus factors, are unclear upon examination and cast serious doubt on the conventional view of the law.Less
This chapter examines how the lower courts confront central legal questions that routinely arise in price-fixing and other horizontal-restraints cases in which the existence of an agreement is in dispute. In light of the discussion in the previous chapters, it is not surprising that the practice in lower courts is difficult to characterize—although some commentators nevertheless depict a substantially harmonious state of affairs. The problem begins with the frequent need to make inferences from circumstantial evidence, which all acknowledge to be necessary. As a consequence of the problem of defining agreement, it is difficult to know what one is trying to infer or how inferences can be made even when evidence of agreement appears to be fairly direct. Various seemingly clear rules, such as the demand for so-called plus factors, are unclear upon examination and cast serious doubt on the conventional view of the law.
Robert A. Kaster
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195140781
- eISBN:
- 9780199789283
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195140781.003.0002
- Subject:
- Classical Studies, European History: BCE to 500CE
This chapter investigates the emotion that the Romans called verecundia, a kind of strategic fear that causes one to gauge one’s behavior in any given social interaction and judge correctly one’s ...
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This chapter investigates the emotion that the Romans called verecundia, a kind of strategic fear that causes one to gauge one’s behavior in any given social interaction and judge correctly one’s standing relative to the other person, the better to monitor and restrain oneself and thus avoid giving offense. The discussion considers how this emotion helped regulate the behavior of persons of different ages, genders, and social standings. The concept of face is introduced.Less
This chapter investigates the emotion that the Romans called verecundia, a kind of strategic fear that causes one to gauge one’s behavior in any given social interaction and judge correctly one’s standing relative to the other person, the better to monitor and restrain oneself and thus avoid giving offense. The discussion considers how this emotion helped regulate the behavior of persons of different ages, genders, and social standings. The concept of face is introduced.
ROBERT V. DODGE
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199857203
- eISBN:
- 9780199932597
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199857203.003.0008
- Subject:
- Economics and Finance, Behavioural Economics
This chapter is concerned with tactics for controlling undesired behavior, such as overeating, smoking, excess drinking, use of recreational drugs, lack of motivation to exercise, and restrain from ...
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This chapter is concerned with tactics for controlling undesired behavior, such as overeating, smoking, excess drinking, use of recreational drugs, lack of motivation to exercise, and restrain from scratching. It is about Schelling's concept of the “divided self” and having the rational self of the present treat the untrustworthy self of the future as a different person, and the use of strategies such as commitments, threats, and promises to constrain or promote desired behavior. An addiction clinic, where patients submit an incriminating letter that will be released if they violate the terms of their residence, is discussed and illustrated with a 2 × 2 matrix. Numerous tactics one can employ in different situations are presented. An ethical/legal issue is raised for a situation wherein a person has given strict instructions to avoid whatever she says later, then subsequently gives contrary instructions over which is the real “self.” While that is not simple, many of the tactics introduced from Schelling's work offer helpful ways of controlling unwanted behavior or preventing one from behaving in a way that one will regret.Less
This chapter is concerned with tactics for controlling undesired behavior, such as overeating, smoking, excess drinking, use of recreational drugs, lack of motivation to exercise, and restrain from scratching. It is about Schelling's concept of the “divided self” and having the rational self of the present treat the untrustworthy self of the future as a different person, and the use of strategies such as commitments, threats, and promises to constrain or promote desired behavior. An addiction clinic, where patients submit an incriminating letter that will be released if they violate the terms of their residence, is discussed and illustrated with a 2 × 2 matrix. Numerous tactics one can employ in different situations are presented. An ethical/legal issue is raised for a situation wherein a person has given strict instructions to avoid whatever she says later, then subsequently gives contrary instructions over which is the real “self.” While that is not simple, many of the tactics introduced from Schelling's work offer helpful ways of controlling unwanted behavior or preventing one from behaving in a way that one will regret.
Richard Schmalensee
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372823
- eISBN:
- 9780199871773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372823.003.0002
- Subject:
- Economics and Finance, Behavioural Economics
This paper argues that the victories and even the losses of the Chicago School as constructive, because the losses stimulated more rigorous thinking. It revisits the theoretical battles of the 1950s ...
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This paper argues that the victories and even the losses of the Chicago School as constructive, because the losses stimulated more rigorous thinking. It revisits the theoretical battles of the 1950s and 1960s, and demonstrates how conservative economic analysis called a halt to some questionable initiatives such as deconcentration of major industries as a result of “no-fault” monopoly enforcement, preference for small businesses for the sake of their smallness, and disregard of the value of efficiencies in various transactions, even holding efficiencies against the legality of a transaction.Less
This paper argues that the victories and even the losses of the Chicago School as constructive, because the losses stimulated more rigorous thinking. It revisits the theoretical battles of the 1950s and 1960s, and demonstrates how conservative economic analysis called a halt to some questionable initiatives such as deconcentration of major industries as a result of “no-fault” monopoly enforcement, preference for small businesses for the sake of their smallness, and disregard of the value of efficiencies in various transactions, even holding efficiencies against the legality of a transaction.
Charles W. Collier
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195388978
- eISBN:
- 9780199855421
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195388978.003.004
- Subject:
- Law, Constitutional and Administrative Law
For an analysis of the “legal context” in which speech is at issue, one might most naturally turn to the development of judicial doctrine. But the history of attempts to demarcate the legal ...
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For an analysis of the “legal context” in which speech is at issue, one might most naturally turn to the development of judicial doctrine. But the history of attempts to demarcate the legal boundaries of speech is mostly a history of failed and inconclusive efforts, as even a brief review will show. Nevertheless, a few helpful clues also emerge. This chapter examines three legal doctrines that have been used to set boundaries on what counts as speech for constitutional purposes: prior restraints, obscenity, and defamation. Briefly, these doctrines start off by claiming that prior restraints, obscenity, or defamation define what is not speech; but, as this chapter, that claim has been unraveled by subsequent judicial decisions in all three areas. So these doctrines do not serve, even negatively, as a definition of speech for legal or constitutional purposes. They do not set the “outer boundaries” of speech.Less
For an analysis of the “legal context” in which speech is at issue, one might most naturally turn to the development of judicial doctrine. But the history of attempts to demarcate the legal boundaries of speech is mostly a history of failed and inconclusive efforts, as even a brief review will show. Nevertheless, a few helpful clues also emerge. This chapter examines three legal doctrines that have been used to set boundaries on what counts as speech for constitutional purposes: prior restraints, obscenity, and defamation. Briefly, these doctrines start off by claiming that prior restraints, obscenity, or defamation define what is not speech; but, as this chapter, that claim has been unraveled by subsequent judicial decisions in all three areas. So these doctrines do not serve, even negatively, as a definition of speech for legal or constitutional purposes. They do not set the “outer boundaries” of speech.
Warren S. Grimes
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372823
- eISBN:
- 9780199871773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372823.003.0013
- Subject:
- Economics and Finance, Behavioural Economics
This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored ...
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This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored record facts and a jury finding to justify a cutoff of a discounting dealer. Although there was virtually no evidence of free riding by the discounter, Scalia rated the defense as “holy writ,” not as a concept to be measured against the evidence.Less
This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored record facts and a jury finding to justify a cutoff of a discounting dealer. Although there was virtually no evidence of free riding by the discounter, Scalia rated the defense as “holy writ,” not as a concept to be measured against the evidence.
Marina Lao
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372823
- eISBN:
- 9780199871773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372823.003.0014
- Subject:
- Economics and Finance, Behavioural Economics
This paper begins with an analysis of Leegin followed by an examination of the free rider theory, which concludes that the free rider explanation for vertical restraints has been greatly overused; ...
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This paper begins with an analysis of Leegin followed by an examination of the free rider theory, which concludes that the free rider explanation for vertical restraints has been greatly overused; the expansive variants of the theory, in particular, are flawed on their own terms. It argues for a more positive or neutral perspective of free riding as positive externalities. So viewed, free riding should not be considered a problem that must be countered (with RPM) whenever it exists. Under this view, free riding is probably infrequently harmful and therefore minimum RPM seldom provides the competitive benefits proponents of RPM claim for it. The paper briefly discusses the potential anticompetitive effects of minimum RPM. It then considers the policy implications of Leegin and argues for a quick-look rule of reason standard for minimum resale price maintenance in the wake of Leegin.Less
This paper begins with an analysis of Leegin followed by an examination of the free rider theory, which concludes that the free rider explanation for vertical restraints has been greatly overused; the expansive variants of the theory, in particular, are flawed on their own terms. It argues for a more positive or neutral perspective of free riding as positive externalities. So viewed, free riding should not be considered a problem that must be countered (with RPM) whenever it exists. Under this view, free riding is probably infrequently harmful and therefore minimum RPM seldom provides the competitive benefits proponents of RPM claim for it. The paper briefly discusses the potential anticompetitive effects of minimum RPM. It then considers the policy implications of Leegin and argues for a quick-look rule of reason standard for minimum resale price maintenance in the wake of Leegin.
Stephen Cretney
- Published in print:
- 2008
- Published Online:
- January 2012
- ISBN:
- 9780197264348
- eISBN:
- 9780191734250
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264348.003.0013
- Subject:
- History, Historiography
Robert Edgar Megarry (1910–2006), a Fellow of the British Academy, had a career in the law unmatched in its distinction, breadth, and diversity. He not only achieved an outstanding reputation as a ...
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Robert Edgar Megarry (1910–2006), a Fellow of the British Academy, had a career in the law unmatched in its distinction, breadth, and diversity. He not only achieved an outstanding reputation as a practising barrister and then, for nearly twenty years, as a High Court judge, but also made what has rightly been described as an ‘immeasurable’ contribution to the law as scholar, teacher, and author. Megarry was born in Croydon, the elder son of Robert Lindsay Megarry and Irene Clark. He entered Trinity Hall at Cambridge University in 1929. It was A. L. Goodhart, editor of the prestigious Law Quarterly Review since 1926 and latterly Professor of Jurisprudence at Oxford, who had been one of those who encouraged Megarry to seek call to the Bar. Writing and teaching were among the traditional ways in which newly called barristers supplemented earnings from meagre practices, and Megarry was exceptionally well qualified for both these activities. His attitude of judicial restraint is now often regarded as dated.Less
Robert Edgar Megarry (1910–2006), a Fellow of the British Academy, had a career in the law unmatched in its distinction, breadth, and diversity. He not only achieved an outstanding reputation as a practising barrister and then, for nearly twenty years, as a High Court judge, but also made what has rightly been described as an ‘immeasurable’ contribution to the law as scholar, teacher, and author. Megarry was born in Croydon, the elder son of Robert Lindsay Megarry and Irene Clark. He entered Trinity Hall at Cambridge University in 1929. It was A. L. Goodhart, editor of the prestigious Law Quarterly Review since 1926 and latterly Professor of Jurisprudence at Oxford, who had been one of those who encouraged Megarry to seek call to the Bar. Writing and teaching were among the traditional ways in which newly called barristers supplemented earnings from meagre practices, and Megarry was exceptionally well qualified for both these activities. His attitude of judicial restraint is now often regarded as dated.
