•  59
    Legal reasoning is not the same as the reasoning in mathematics or the physical sciences. It is like them. Specifying the likeness in more detail, and deciding whether there is more likeness than unlikeness, are the kinds of tasks that legal reasoning is better adapted to do than mathematical or scientific reasoning.
  •  13
    Dyson's book is an argument disguised as an intellectual history. The argument is that all intelligence is collective, in the way that human intelligence emerges from the collection of unintelligent neurons, and that a global collective intelligence is now emerging from the growing interconnections among human beings and their machines. The history traces the rise of computation and thinking about machine intelligence from Hobbes to the present. The history is fascinating and detailed. The thesi…Read more
  •  1
    in Neil Jacobs (ed.), Open Access: Key strategic, technical and economic aspects, Chandos Publishing, 2006
  •  28
    Suber: Leader of a Leaderless Revolution
    Information Today, July/August 2011. 2011.
    Interview with Peter Suber by Richard Poynder, on open access to research.
  •  7
    If the fundamental law, or constitution, of a nation cannot be changed by legal means, then it cannot adapt to changing circumstances; as the disparity with circumstances widens, the risk of revolution increases. But if it can be changed too easily, then the fundamental principles and institutions it establishes are at risk of being swept away by a majority momentarily enraptured with a new idea. An amendment clause permits fundamental change, courting the latter risk, but it makes that change d…Read more
  •  14
    The Problem Background Some Political History, Pre-1790 Federalist and Republican Principles Some Demographic History, 1790-1980 To What Extent Have the Possible Dangers Become Actual? The Discriminatory Impact and Prospects for Future Amendments Remedies Conclusion Appendix Table 1. The Possibility of Federalist Minority Amendment: Decade by Decade Table 2. The Possibility of Federalist Minority Amendment: Amendment by Amendment Table 3. Discriminatory Impact of Population Changes Table 4. Rela…Read more
  •  16
    Consider the following exchanges: 1. Gerda: So you believe that all belief is the product of custom and circumstance (or: childhood buffets, class struggle...). Isn't that position self-limiting? Mustn't you see yourself as reflecting only a single complex of circumstances? Grobian: Your objection is inapplicable, for it is merely the product of blind forces. Moreover, your childhood buffets were pernicious and regrettable, for they have set you against this truth.
  •  98
    Civil disobedience is a form of protest in which protestors deliberately violate a law. Classically, they violate the law they are protesting, such as segregation or draft laws, but sometimes they violate other laws which they find unobjectionable, such as trespass or traffic laws. Most activists who perform civil disobedience are scrupulously nonviolent, and willingly accept legal penalties. The purpose of civil disobedience can be to publicize an unjust law or a just cause; to appeal to the co…Read more
  •  15
    in Giandomenico Sica (ed.), Open Access, Open Problems, Milan: Polimetrica, October 20, 2006, pp. 43-58
  •  9
    If law-making is a game, then it is a game in which changing the rules is a move. Lawmaking is more than changing the rules of law-making, of course, and more than a game. But a real game may model the self-amending character of the legal system and leave the rest out. While self-amendment appears to be an esoteric feature of law, capturing it in a game creates a remarkably complete microcosm of a functional legal system.