A stimulating application of game theory to law, equally valuable for social scientists and those interested in legal theory.
In the tradition of the Chicago School of law and economics, Posner (Law/Univ. of Chicago) offers an insightful study of the relationship between legal regulation and social norms.
Game theory has transformed the study of market behavior, but it has had little impact as yet on legal theory. Posner starts by observing that most forms of collective behavior occur independently of legal rules: indeed, without a system of law, people would still engage in cooperative and selfish behaviors. Posner uses game theory and empirical studies to establish a model of nonlegal collective behavior, arguing that much social interaction consists of a kind of “signaling game,” in which people convey their willingness to conform to social norms and demonstrate their desirability as potential partners in social enterprises. According to Posner, people will conform to such norms (and may even suppress individual preferences or cheating behavior) as rational decisions made in order to receive long-term benefits (economic and otherwise), independent of any consideration of legal incentives. With mixed success, the author then examines the usefulness of this model for an understanding of particular issues in contracts and commercial law, torts, criminal law, and politics. For instance, Posner attempts to use the signaling model to explain why courts enforce commercial contracts but not gratuitous promises (he speculates, with no historical evidence, that this doctrine developed when common law courts deferred to “nonlegal mechanisms” on promise enforcement) and why shaming punishments don’t work (they may become badges of merit in communities that mistrust the government). Finally, Posner critically examines the relationship between social norms and policymaking (especially government attempts to change social norms). Posner argues that law can often be understood as an attempt to use social norms, and he discerns a gradual trend toward displacement of nonlegal by legal regulation (which, he contends, “should not be deplored, as is currently fashionable, but celebrated”).
A stimulating application of game theory to law, equally valuable for social scientists and those interested in legal theory.Pub Date: June 1, 2000
ISBN: 0-674-00156-7
Page Count: 320
Publisher: Harvard Univ.
Review Posted Online: May 19, 2010
Kirkus Reviews Issue: May 1, 2000
BOOK REVIEW
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.
Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.Pub Date: Jan. 19, 2016
ISBN: 978-0-8129-8840-6
Page Count: 248
Publisher: Random House
Review Posted Online: Sept. 29, 2015
Kirkus Reviews Issue: Oct. 15, 2015
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