Early on, we had two goals that were fully aligned: to be identical to a burger from a cow and to be much better than a burger from a cow. Now they’re somewhat at odds, and we talk about the chocolate-doughnut problem: What if what people really like in a burger is what makes it taste like a chocolate doughnut, so you keep increasing those qualities and suddenly you’re not making a burger at all?
You already know what you’re going to get: a section on the joys and uses of cost-benefit analysis, some dashed-off thoughts about utilitarianism and negative freedoms, three or four chapters on nudges and their importance to the design of seatbelt policy, the primacy of Daniel Kahneman–style ‘slow thinking’ over intuition and moral heuristics, a Learned Hand quote, and a few weak anecdotes about Sunstein’s time as President Obama’s regulator-in-chief, all delivered through a prose that combines the dreariest elements of Anglo-American analytical style with the proto-numerate giddiness of a libertarian undergrad who’s just made first contact with the production possibility frontier.
I do not believe that giving the woman the ballot is immediately going to cure all the ills of life. I do not believe that white women are dew-drops just exhaled from the skies. I think that like men they may be divided into three classes, the good, the bad, and the indifferent… Talk of giving women the ballot-box? Go on. It is a normal school, and the white women of this country need it. While there exists this brutal element in society which tramples upon the feeble and treads down the weak, I tell you that if there is any class of people who need to be lifted out of their airy nothings and selfishness, it is the white women of America.
When I read my straight colleagues telling everyone else to give Finnis the ‘respect’ of engaging with his opinions, to ‘make arguments’ in response, I wonder how many times they have had to ‘make the argument’ for their happiness, for their home and their partner, for the life they’ve built with the people they love. At times, I’m not even sure what I am meant to be making the argument for… I can engage, certainly, I can make arguments in response, but there is also a sense, at a deeper level, in which there is nothing I can say.