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Fight the Hypo: Fake Arguments, Trolleyology, and the Limits of Hypotheticals
Jethro K. Lieberman
The hypothetical is the staple of the law school classroom and useful in most intellectual endeavors. But, this inaugural lecture argues, interlocutors frequently misuse and misinterpret responses to hypotheticals because they demand that their respondents accept the “facts” embedded within. This form of argument, dubbed “FAKE” (for “Facts Are Known Exactly”), poses “facts” that are either impossible to accept or highly improbable and that would provoke counterarguments but for the command to accept the facts as hypothesized. The author presents his thesis in part through the lens of recent literature on the ethics of runaway trolley cars (these cases constitute a field of study known as “trolleyology”) and questions whether the answers we give and the preconceptions we seem to have about the morality of saving many at the expense of one can be explained by examining responses to the hypotheticals provided. The paper also examines the FAKE argument as used to justify assisted suicide, the right to harshly cross-examine the truth-telling but infirm witness, and upholding the law by violating it.
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Generation Mixtape: A User's Guide to Online Copyright
Matthew D. Catania and Gaetano D. Marretta
In conjunction with the Program in Law and Journalism at New York Law School, Tribeca Square Press publishes a monograph series, Legal Backgrounders, to provide those who regularly report on law and the legal profession, including print and broadcast reporters, editorial writers, bloggers, and editors, with concise, objective, timely, and readable information on legal topics currently in the news. Monographs in this series are not intended to advocate legal or policy positions but to describe and summarize the state of the law. An electronic version of each Legal Backgrounder, including links to sources, will be available on the Tribeca Square Press website shortly after publication of the print edition. For more information, sec http://www.tribccasquarepress. com.
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Criminalizing Hate: America's Legislative Response to Bias Crime
Bryce Therrien and Nadia-Elysse Harris
