olivieri-highlights/data/kindle/Kindle.Highlights_The.Legal.Analyst.A.Toolkit.for.Thinking.about.the.Law_1663759054280.json

Initial attempt to create a package that returns quotations selected specifically by me

{"asin":"B001NPE9OE","title":"The Legal Analyst: A Toolkit for Thinking about the Law","authors":"Ward Farnsworth","highlights":[{"text":"One thing the law tries to do-some think it's the main thing the law tries to do-is keep the cost of such situations to a minimum. It does this by penalizing people who make problems more expensive than they have to be, perhaps by holding them liable for the result (as in the encroachment","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=302","value":302},"note":null},{"text":"when you are trying to figure out whether a legal decision will create good incentives, try asking whether it will cause the parties, or people like them, to keep all the costs of their situations to a minimum.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=306","value":306},"note":null},{"text":"We don't make the rancher pay anything because there is nothing else we…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=325","value":325},"note":null},{"text":"He failed to do something within his power to keep the cost of…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=330","value":330},"note":null},{"text":"They just apply common sense and rely on intuitionsabout whether a defendant has done something blameworthy. But (the theory goes) a dread of waste, or, equivalently, a sense of costs and benefits, is precisely…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=337","value":337},"note":null},{"text":"One value in law, whether or not it's the leading one, is to find the cheapest ways to solve problems, and then to give…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=344","value":344},"note":null},{"text":"it's important for the cave to be owned, probably by one person. (Another possibility is to say the government owns it. How do you think…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=355","value":355},"note":null},{"text":"A chief reason for letting people own things, not to mention enforcing their rights of ownership by providing courts, police, and the like, is that ownership gives them incentives to get the most out…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=363","value":363},"note":"In a big way, the conservatives are the naive idealists."},{"text":"but there are a lot of cases that do fit the account just given pretty well, including most farms and most residential property. The law gives mixed treatment to more exotic examples-airwaves,…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=366","value":366},"note":null},{"text":"That dynamic, known as a holdout…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=383","value":383},"note":null},{"text":"If the drivers had known they would be at risk of colliding with each other in the afternoon, theywould have made a contract in the morning in which they both agreed to drive at a reasonable speed-in which case the party who…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=386","value":386},"note":null},{"text":"Many times a rule, when seen from that perspective, evidently functions to keep everyone's total costs down before they all know…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=390","value":390},"note":null},{"text":"there are various possible solutions, but some of them will create bad incentives-and thus a risk of wasted time…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=397","value":397},"note":null},{"text":"\"Kaldor-Hicks\" variety, which holds a decision efficient if it creates more…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=404","value":404},"note":null},{"text":"the people helped by the decision could fully compensate the people hurt by it and still be better off. In practice no such compensation need be paid, so a decision can be efficient in the Kaldor-Hicks sense even if some people are made…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=404","value":404},"note":null},{"text":"Pareto efficient if nobody can be made better off without making…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=407","value":407},"note":null},{"text":"\"adaptive preferences\" that reflect the best they think they can get under their circumstances, not what they really want in any…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=415","value":415},"note":null},{"text":"paternalism is called for-or other policies based on a better foundation than just giving people…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=419","value":419},"note":null},{"text":"Pointing out that one decision would create more costs than another, or more costs than benefits, is almost always interesting, and sometimes turns out to be decisive, even if…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=424","value":424},"note":null},{"text":"you might think of each activity-smoking, driving, or whatever-as having a shape, and those choices…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=436","value":436},"note":null},{"text":"A last thing to notice is that each of the general activities so far mentioned-smoking or driving-can itself be regarded as one of the margins of some larger frame of reference. If…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=441","value":441},"note":null},{"text":"Thinking at the margin, then, means a lot of things. Most importantly it means looking at problems not in a total, all-or-nothing way-smoking versus not-smoking-but in incremental terms: seeing behavior as a bunch of choices about when to do a…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=442","value":442},"note":null},{"text":"You can think about how the average member of a group reacts to legal pressure, or you can focus on the margin: how the…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=444","value":444},"note":null},{"text":"Maybe a tax on cigarettes doesn't cause a slight change in what each person does; but maybe it produces a slight change in what the group does by causing a few members of the group-the least resolute,…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=445","value":445},"note":null},{"text":"The activities of individual people have margins, in otherwords, and then groups of…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=447","value":447},"note":null},{"text":"margins because margins are where incentives…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=450","value":450},"note":null},{"text":"Legal rules may not cause entire changes in behavior by anyone, or little changes in behavior by everyone; but they do their work if…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=450","value":450},"note":null},{"text":"because the best solution to a problem often involves little adjustments-and maybe adjustments of several margins, belonging to different people-rather than just…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=453","value":453},"note":null},{"text":"But is the average thief really likely to change his behavior in response to a shift in policy by banks? And is an average bank really likely to change its behavior in reply to a legal ruling like this? The…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=456","value":456},"note":null},{"text":"The issue isn't what the average bank or thief will do. It's what the marginal bank or thief will do-the bank in doubt about what its policy ought to be, perhaps, or the…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=458","value":458},"note":null},{"text":"Arguments about what the average person typically does aren't an effective reply to those who are trying to…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=473","value":473},"note":null},{"text":"He might as well make the third crime something spectacular since he will have \"maxed…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=479","value":479},"note":null},{"text":"marginal deterrence-scaling penalties so that there is always something more to fear…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=482","value":482},"note":null},{"text":"In one actual case, for example, an inmate at the maximum security prison in Marion, Illinois, had received a life sentence for murder. He murdered a fellow inmate and received another life sentence; then he murdered still another inmate and received a third life sentence. Remarkably…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=486","value":486},"note":null},{"text":"The purpose of legal incentives isn't just to get people to do things or not do them; it is to get…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=491","value":491},"note":null},{"text":"They can provide a package of friendship and security that is…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=506","value":506},"note":"Refer to this when discussing style"},{"text":"If they don't like it, they can trade in their lions-or even just some of them-for dogs or for other assets that will serve whatever purposes the lion did. In some jurisdictions there is an exception to this rule about lions and other wild animals; there is no strict liability if the owner is running a zoo.24 The reason, at least on the account we're developing here, is that this time we don't want to put pressure on the owner to…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=508","value":508},"note":null},{"text":"That is a great problem with unwanted substitutions: to stop them you often…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=528","value":528},"note":null},{"text":"margins involved to prevent the problem from moving around like…","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=529","value":529},"note":null},{"text":"the purpose is to bring home to them the full costs of their choices rather than letting them foist the costs onto other people they don't care about.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=638","value":638},"note":null},{"text":"When we make a contract we are gambling, and sometimes we are gambling against each other.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=758","value":758},"note":null},{"text":"be-maybe the party who deals with the same situation more often.\"","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=839","value":839},"note":null},{"text":"strict liability for breaches of contract.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=866","value":866},"note":null},{"text":"tries to fill in the gaps with terms it thinks the parties would have wanted.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=878","value":878},"note":null},{"text":"In that case it makes sense to ask not which side more cheaply could have avoided the outcome (since neither of them had that power) but which side more cheaply could have borne the risk of it.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=882","value":882},"note":null},{"text":"as ways to give people incentives to hunt whales, but we could have spoken instead of hunting foxes or buffalo. Let's do that now: suppose you spend all afternoon chasing a buffalo; at last you wound it and it becomes sluggish. As you are closing in to finish the job, I appear from the underbrush and administer the killing blow. Who gets the animal?","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=939","value":939},"note":"!!! Covering same territory as Moby Dick."},{"text":"Maybe we won't be able to agree on who first seized it, or one of us will lie. But the rule still creates fewer margins that are likely to be disputed because it doesn't depend on lots of elements that are sure to be matters of interpretation: how vigorous a chase you gave, how badly the animal was wounded, and so forth.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=965","value":965},"note":null},{"text":"how expensive the rule will be when courts, and the parties to lawsuits, try to apply it.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=979","value":979},"note":null},{"text":"subjective and objective tests is a recurring theme in law. A subjective test generally measures how hard people try to do things or what their intentions are. Objective tests just measure what people do-their conduct, not their thoughts-against some external benchmark.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1005","value":1005},"note":null},{"text":"all rules about a court's subject-matter jurisdiction are kept simple, even if the simplicity comes at the expense of their substantive purposes.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1057","value":1057},"note":null},{"text":"jurisdiction-trying to pursue the underlying purposes of the law too directly is an administrative nightmare.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1072","value":1072},"note":null},{"text":"perspective that looks at the total amounts spent, and on what-the monies put into gaining a monopoly are a waste. It is just a case of someone buying a chance to charge more.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1107","value":1107},"note":null},{"text":"No, their favorite example of a rent seeker is the lawyer, whose job they see as fighting over the distribution of things.71","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1199","value":1199},"note":null},{"text":"produce goods people value very much but for which there is no market: justice and rights,","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1208","value":1208},"note":null},{"text":"how we can get the most total value out of the space the doctor and the baker share.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1226","value":1226},"note":null},{"text":"in a world with no transaction costs-a world where parties can bargain and make contracts with no trouble at all-rights naturally flow into the hands of whoever will pay the most for them.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1240","value":1240},"note":null},{"text":"a winner out of whichever side values the rights involved more highly-the side that would end up with the rights if the two parties could easily negotiate. The idea is that the court should make the contract for the parties that they would make for themselves if they could.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1256","value":1256},"note":null},{"text":"I would then feel all the costs of my behavior after all,","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1269","value":1269},"note":"Not really. What about the poor who can't offer you enough? Maybe that is not \"cost\"?"},{"text":"\"under perfect competition private and social costs will be equal.\")82","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1271","value":1271},"note":null},{"text":"Instead of worrying about who is causing the problem, it's better to ask what solution to it is cheapest.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1282","value":1282},"note":null},{"text":"it will be much more trouble to figure out what a reasonable number of widgets would have been.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1306","value":1306},"note":"Wouldn't this be as easy as dividing the money by whatever price seems reasonable?"},{"text":"\"information forcing\"; it prods the parties to reveal things to each other.R9","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1316","value":1316},"note":null},{"text":"cases where decisions that are individually rational end tip making everyone in a group worse","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1576","value":1576},"note":null},{"text":"Public goods are, indeed, the greatest challenge faced by hardcore libertarians-those inclined to get rid of public government outright or nearly so. They have to come up with other ways to ensure that public goods get provided.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1729","value":1729},"note":null},{"text":"a work of art is often a public good: in some cases it's hard to limit the enjoyment of it to just those who pay, and the enjoyment of some isn't rivalrous with the enjoyment of anyone else; so the temptation to enjoy without paying will be great, and the incentive to create the art will be less than it should be.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1759","value":1759},"note":null},{"text":"the difference is that in a prisoner's dilemma it's best for you to defect no matter what I do. In a stag hunt that's not true; if I know you will cooperate, I'll want to cooperate, too.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1843","value":1843},"note":null},{"text":"Nash equilibrium if, given what everyone else is","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1854","value":1854},"note":null},{"text":"doing, none can do better by changing their strategies.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1854","value":1854},"note":null},{"text":"(Here is a rule of thumb: if Elster has written about a topic that is of interest to you, read it.)","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=1957","value":1957},"note":"Same with you, Ward."},{"text":"people sometimes gain power by having fewer choices and options, surprising as it may sound.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2039","value":2039},"note":null},{"text":"Children are great at this. They figure it all out very early, and tend to be ruthless negotiators.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2047","value":2047},"note":null},{"text":"bilateral monopoly, because each side is a monopolist-the only possible seller-with respect to what the other side wants (e.g., getting rid of the","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2052","value":2052},"note":null},{"text":"information cascades.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2119","value":2119},"note":null},{"text":"growth in itsacceptance but not in its likelihood of being true, which hasn't changed and may be small.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2121","value":2121},"note":null},{"text":"50,000 copies in an attempt to get it onto the bestseller lists-where it then stayed.52 Or the producers who hire audience members to applaud at a performance or go heckle its competitors.53","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2123","value":2123},"note":null},{"text":"Your vulnerability to a cascade depends on how much knowledge of your own you have and how ready you are to assume that if others think something is true, it probably is.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2126","value":2126},"note":null},{"text":"cascade-the feature that makes it insidious-is that it takes in the weaker and the stronger alike by enlisting them in order.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2128","value":2128},"note":null},{"text":"But the only development while he was gone was that others, more easily impressed than he was, signed on to the emerging opinion and so made it seem more dominant.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2130","value":2130},"note":"Marginal thinking."},{"text":"when people try to decide how likely something is to be true, they often ask themselves how readily examples of it come to mind-how easily it is \"available\" in the mind's eye. (Psychologists call this the availability heuristic.)","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2164","value":2164},"note":"Three examples and it's true."},{"text":"The more that people talk about an example of some problem, the more everyone has it in mind and repeats it, and the more important the problem may come to seem, though its actual importance hasn't increased at all.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2166","value":2166},"note":null},{"text":"Political campaigns can be viewed as great contests by each side totry to make its virtues, and the flaws of its rivals, as available as possible by putting them before voters in a form-television commercials-that is vivid and calculated to provoke impressions that will cascade.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2168","value":2168},"note":null},{"text":"the more people talk about it, the more people talk about it.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2175","value":2175},"note":null},{"text":"Theory of Fads, Fashion, Custom, and Cultural Change as Informational Cascades,","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2225","value":2225},"note":null},{"text":"The Blind Leading the Blind: Social Influence, Fads, and Information Cascades,","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2226","value":2226},"note":null},{"text":"think hard about agendas and who controls them when you are involved in a group's decision.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2278","value":2278},"note":null},{"text":"common theme in the literature on \"public choice,\" a school of thought that applies economic theory to the political process: interest groups tend to get their way at the expense of opponents who may be more numerous but aren't as well organized and visible.)","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2383","value":2383},"note":null},{"text":"the general difference between a rule and a standard: the consequences of a rule are triggered once we settle the facts; a standard requires ajudg- ment about the facts before it kicks in.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2488","value":2488},"note":null},{"text":"So we can have standards within rules; and we also can have rules within standards.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2493","value":2493},"note":null},{"text":"a standard reduces these risks because it calls for a more personalized administration of justice.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2516","value":2516},"note":null},{"text":"A standard often requires the users of it to explain their thinking; a rule doesn't.'","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2526","value":2526},"note":null},{"text":"Draconian criminal sentences may lead judges to fudge the finding of facts in a case to avoid the force of the categorical rule, or lead the jury to \"nullify\" the law by finding a guilty defendant innocent.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2529","value":2529},"note":"Like Emerson in \"Compensation.\" If a law is too harsh, juries won't convict. If it is too soft, you'll see vigilantes."},{"text":"easily became a debate about whether it was any worse than keeping track of the phone numbers people called .21 One argument you didn't hear much was that the decision about pen registers was itself wrong and shouldn't be extended.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2661","value":2661},"note":null},{"text":"The law does affect attitudes, and those attitudes then affect the law.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2673","value":2673},"note":"Wink"},{"text":"On its face the case didn't appear to create broad rights of sexual autonomy, and a majority of the Justices who voted to strike down the law indicated, there or elsewhere, that they didn't think they were creating such rights.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2711","value":2711},"note":null},{"text":"But then eight years later in Roe v. Wade,35 the justices-or rather a majority of them, several of whom had not been on the Court for Griswold-used Griswold as a basis for striking down laws against abortion.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2712","value":2712},"note":null},{"text":"the sorites (heap) : if you remove a grain of sand from a pile, you still have a pile; and again when you remove another grain, and so forth-until there is only one grain of sand left, yet still a pile, because you never were able to identify a grain of sand that made the difference between having a pile and not having one.38 (Of course you can turn it around, too: one grain doesn't create a pile; adding one more surely doesn't make the difference; so you never have a pile no matter how many you add.)","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2742","value":2742},"note":null},{"text":"allowing the defense in the second case is less likely to set a bad example because the people who find themselves in a position to shoot burglars are less likely to know the legal rule or have time to look into it. With respect to them there is acoustic separation: when they are deciding what to do, they won't know what the courts have said or are likely to say. People who set up traps are different. They have time to talk it over withtheir lawyers. We can't allow some of them to win without sending a bad message that others will hear.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2789","value":2789},"note":null},{"text":"The conduct rule is clear: honor your contracts. The decision rule is mumbled.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2813","value":2813},"note":null},{"text":"Thus your car is protected against outright taking by a property rule: a miscreant who steals it will be arrested. The same car is protected against accidental damage by a liability rule: a careless driver who demolishes it will have to pay damages.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2855","value":2855},"note":null},{"text":"contract because that's cheaper than performing it is what economists sometimes call efficient breach.)","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=2870","value":2870},"note":null},{"text":"know what the natural or normal state of affairs for students is supposed to be before we can say what kinds of interference with it amount to paternalism. We can call this a simple baseline problem.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3005","value":3005},"note":null},{"text":"employers aren't left to their own devices without minimum wage laws, either, because they owe their circumstances to a legal architecture that invisibly surrounds them.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3073","value":3073},"note":null},{"text":"Cost-Benefit Analysis of Entitlement Programs: A Critique,","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3119","value":3119},"note":null},{"text":"Transcendental Nonsense and the","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3121","value":3121},"note":null},{"text":"get rights into the hands of whoever values them the most.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3134","value":3134},"note":null},{"text":"Rationally or not, omissions just don't seem as culpable as acts.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3182","value":3182},"note":null},{"text":"the anticipation of regret tends to be a bigger influence on decisions than the anticipation of a similar chance for delight.\"","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3184","value":3184},"note":null},{"text":"people fear losses more than they relish gains, and so tend to cling to the status quo (a phenomenon known as loss aversion)","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3185","value":3185},"note":null},{"text":"Once something happens, people tend to think it was more likely to occur, and easier to foresee, than it really was. This is known as hindsight bias.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3251","value":3251},"note":null},{"text":"\"creeping determinism\": once the outcome is known, the mind begins to focus on all the reasons that contributed to it and to deemphasize the factors that would have seemed salient if the result had been otherwise; the mind searches for a satisfying story to account for the ending. Once it is found, it makes the ending seem inevitable .14","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3259","value":3259},"note":null},{"text":"Taking the time to imagine and estimate the chance of better outcomes the decision might have had seems to put people in a more generous frame of mind.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3296","value":3296},"note":null},{"text":"jurors be asked to assess the choices the defendant might have made before knowing what choice the defendant did","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3312","value":3312},"note":null},{"text":"An option is less appealing alone than when set against another option that is clearly inferior.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3341","value":3341},"note":null},{"text":"The look of moderation in a choice often is comforting, but it tends to be an artifact of the other options that are set around it-which in turn may be arbitrary and easily manipulated.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3361","value":3361},"note":"Like society making things normal"},{"text":"people tend to considerthings more likely when they can picture them readily.92","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3540","value":3540},"note":null},{"text":"There is a certain charm in using one cognitive glitch to help beat another.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3542","value":3542},"note":null},{"text":"Rule 68 penalizes litigants who pursue litigation to vindicate nonpecuniary values.97","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3562","value":3562},"note":null},{"text":"(A shortage of self-serving bias appears to be linked to depression.)","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3639","value":3639},"note":null},{"text":"bad for the soldiers themselves to exaggerate their expected fortunes when they decide to enlist, but good socially; we need the soldiers. This is why we invest in mythologies-stories, films, advertisements-that glorify and sanitize the soldier's experience: we feed the bias that exaggerates one's chances for glory and downplays the prospects for misery in order to bolster the self-serving bias and thus encourage acts that make everyone better off on net (though not necessarily the actor).","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3644","value":3644},"note":null},{"text":"a bad question that a court can answer relatively well is preferable to a better question that is more likely to be answered badly.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3812","value":3812},"note":"Surprising"},{"text":"evidence-a number is likely to be just a metaphor for a feeling.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3931","value":3931},"note":null},{"text":"be careful in thinking about how well a rule works. It depends not only on what happens in the cases that go to court, but also on how the rule affects which cases are selected to appear there in the first place.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=3979","value":3979},"note":null},{"text":"average American household would be willing to spend $257 to avoid the extinction of","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=4516","value":4516},"note":null},{"text":"it makes sense to dump toxic waste in countries with the lowest wages (because their willingness to pay to avoid it is lowest).92 But the economist's dilemmas are not easily avoided.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=4525","value":4525},"note":"This applies to much more in this book."},{"text":"Yet declining to think in terms of cost has a cost, and so it goes.","isNoteOnly":false,"location":{"url":"kindle://book?action=open&asin=B001NPE9OE&location=4528","value":4528},"note":null}]}