Todd Suomela's Library tagged → View Popular, Search in Google
Dec
1
2011
"In addition to ambiguity, Age of Fracture exudes ambivalence, a moral position neither for nor against our age. Like the modernists, Rodgers sees no point pretending we can go back to the way it was. But like the antimodernists, Rodgers is unsettled by the present condition."
-
Coase’s Noble-prize winning argument went as follows: since social efficiency is best achieved when two parties are left alone to bargain their way out of their conflicting positions, civil litigation need not be weighed down by such quaint considerations as justice. Rodgers’s concise critique then follows as such: “The social good was a maximization problem in aggregate market value: crops and cattle, property values and pollution-abatement costs, not, he had been candid enough to say, any close assessment of who stood best to bear the pain of the compromise or how unequally matched their resources might have been at the outset.” The precision with which Rodgers implicitly unmasks the most significant problem with Coase’s crude brand of utilitarianism, that in failing to account for historically-rooted power imbalances it empowers those best positioned to benefit from the “free market,” works in microcosm as an argument against the microeconomic impulses that define the age of fracture: the seemingly neutral application of microeconomics, the prototypical weak reading of society, to theretofore macro-problems, is anything but neutral.
-
In making his devastating critique of conservative anti-structuralist thought, Rodgers shows that structural notions of power mattered where weak readings of society led to conservative conclusions. Coarse could only make the case that aggregate social efficiency should be the judicial system’s core objective by deflecting structural inequality, the consideration of which required giving thought to concepts infused with history, such as justice. Murray could only argue that welfare destroyed incentives for poor people to find jobs by ignoring the structural causes of unemployment, such as the trade policies that decimated the urban-industrial job sector, thus impoverishing large pockets of inhabitants in cities across the nation. Hand could only contend that the Constitution did not stipulate for incorporation by thinking of the document as devoid of history, by erasing two centuries of American jurisprudence that had ineluctably given constitutional law new meaning.
1 - 1 of 1
Showing 20▼ items per page
Selected Tags
Related Tags
Diigo is about better ways to research, share and collaborate on information. Learn more »
Join Diigo
