Saturday, September 09, 2006

Mech Mania!

Okay, this is just wrong. I just saw a commercial for some new Star Wars toys, which included the Millenium Falcon. That's not so bad; who didn't play with a toy MF when they were a kid, right? But this is a new MF -- it transforms into a mechanized version of Hans Solo. WTF?!? Sure it's been a while since I've seen the movies, but I don't remember any sort of robot version of Hans, much less the Millenium Falcon transforming into a robot version of Harrison Ford. And since when is Hans Solo so uncool that he needs to be a robot for the sake of today's hip crowd? Maybe I just don't get it...

Existentialism, Essentialism, and Scotus

(It's always about Scotus. Or SCOTUS, as the case may be ;))

On my way to watch the Notre Dame game, I found myself thinking about a certain tension in my own belief system. I don't want to say contradiction, because I think it can be solved, but it's certainly the sort of thing someone would point to if they wanted to point to a contradiction. On the one hand, I'm an existentialist. I know that term is pretty much meaningless, but what I mean by it is 'someone who believes that existence preceeds essence.' That is, someone who believes that what we are is defined by what we do, rather than anything else. But, on the other hand, there's a pretty strong Aristotelian strain in my thinking, especially my thinking about ethics, and if there's anyone who's an essentialist, it's Aristotle.

Of course, to a certain extent these strains of thought are not only compatible, but complementary. Aristotelian ethics defines a good person simply as someone who tends to do the right thing, which gels nicely with the existentialist bias in favor of activity over being. But the problem is that the Aristotelian account goes deeper than that; it defines what good actions are by reference to what sort of beings we are. And so it's not clear how this is compatible with the existentialist refusal to assign us any sort of being/essence whatsoever.

To some extent, this is helped by looking at the ontological/ontic divide. If Heidegger is right, and if I understand him correctly, the old ontic ways of looking at human nature are deeply flawed. But, at the same time we deny there's any sort of ontic essence to humans, we can talk about the ontological structures, such as the being towards death, that underly human experience. So the flaw in essentialists such as Aristotle is that they spoke of human nature ontically, not ontologically -- not they're speaking of human nature simpliciter.

I think this tension is further resolved by taking a minimalist interpretation of human nature, an interpretation that I get from John Duns Scotus. Scotus claimed that either human nature is not sufficiently robust to entail a specific ethical theory, or that we simply don't know enough about human nature to derive an ethical theory from her. I want to read this as a minimalist account of human nature. We know enough about human nature to know what its end has to be. But nothing about human nature entails a specific path to that end.

So I think that these two things taken together can allow us to talk about something resembling the traditional concept of 'human nature', without falling into the old traps into which old concepts of human nature lead us. But I'm not sure. Any thoughts, anyone?

Friday, September 08, 2006

Ineffective Assistance of Counsel

I swear, I'll do something on my own soon. But until then, enjoy this quote from Overheard in the Office:

He Aced the Mixed Drinks Portion of the Bar Exam

Defense attorney: Objection, Your Honor. The prosecution continues to assert this witness is an expert but has offered no evidence to support the claim.
Judge: Sustained. Mr. Martin*, is this witness your expert?
Prosecutor: Yes, Your Honor.
Judge: Would you care to establish for the court why the witness is an expert in the field of pediatrics?
Prosecutor: Cause he...ummm...knows stuff?

State Court
Austin, Texas

Overheard by: Xen

Tuesday, September 05, 2006

Quote of the Day

"The problem with defending the purity of the English language is that English is about as pure as a cribhouse whore. We don't just borrow words; on occasion, English has pursued other languages down alleyways to beat them unconscious and rifle their pockets for new vocabulary."

-- James Nicoll

Taken from a comment thread at the Volokh Conspiracy; the comment can be found here.

Got Milk?

Hattip to Decision of the Day:

Cloverland Green-Spring Dairies v. Pennsylvania Milk Mktg Bd, 05-2336 (3rd Cir., Sept. 1, 2006)

This lengthy Third Circuit opinion offers a detailed explanation of the "byzantine" rules governing milk pricing at the federal and state levels. In the end, the Court upholds Pennsylvania’s price controls against constitutional challenge by an out-of-state milk supplier who argued that the regulations effectively prevent it from entering the Pennsylvania market. Although the Court expresses reservations about whether Pennsylvania’s mandatory pricing scheme is necessary, it concludes that the plaintiff has not presented sufficient evidence to show that the scheme violates the Commerce Clause.

Okay, maybe I'm just really confused, but why is it that milk companies, of all things, seem so often to be involved in these sort of Commerce Clause decisions? You know what I mean. It's always milk...

Monday, September 04, 2006

A Titanic Story

In his diary, All My Road Before Me, 22 December, C.S. Lewis wrote:

We talked of the wreck of the Titanic. He said when the Captain saw the berg ahead, he should have kept straight on: in that case he would have smashed his bows, but as the impact lessened he would have come up against the first watertight bulkhead and the rest of the ship would have been safe. As it was, he put his helm hard down in a hopeless effort to get round the berg, and so got his whole side ripped up...

I'm not sure if Lewis is right about this, since I have no engineering background, but it makes for a good metaphor.

Sunday, September 03, 2006

Things Not to Say in a Cover Letter

Sorry I haven't posted lately; my brain's been otherwise occupied. So in the interest of futilely trying to keep your interest, here are some things you probably shouldn't say in a cover letter when applying for internships. All of these are things I actually thought of saying. Only three of them are true, and only one of them made it into a cover letter in some form or another. If you can guess all four, I'll buy you a beer.

"I've always wanted to work in a shiny glass building."

"I admire a law firm that has 'bj' in its acronym."

"I don't really care where I work, I just want a job."

"I really liked the neat picture on your web page."

"I like your firm, but the fact that your website is not compatible with Firefox leads me to worry about your commitment to staying current with technology."

"My experience in graduate school has made me used to spending days on end in a small office without seeing another human being."

"I've always wanted to work with a bunch of Jews."

"What I find really makes your firm unique is your use of the word 'camaraderie' instead of 'collegiality'."