Live data from Hacker News

Cognitive Illiberalism and the Speech-Conduct Distinction

scholarship.law.cornell.edu

21–30 of 94 posts

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#21
post #17

[flagged]

Quoted post unavailable.

Anyone who claims they are advocating for small businesses in US Politics, curiously is pushing legislation which helps the largest corporations.

I think the people who believe the "little guy" fiction just aren't paying that close attention.

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#22
post #12
post #9

Earlier quoted context omitted.

or even simpler, stop being on a side, then you don't have to do mental tricks like "reversing the polarity". you can just see things for the way they are, without personal identity invested in the situation. this is exactly what being independent is.

I think of the abortion issue as like a necker cube. You can view the optical illusion as extending inward or outward. But it is difficult to see it both ways. You could easily see it as flat, but then you aren't really seeing it at all. Partisans may object "but in the abortion case it is objectively extending inward and the other perspective is the optical illusion". But that objectivity is a moral illusion.

remember that the abortion issue, as a matter of law, is about the state's interests in the body. it does not litigate religious or social mores, but most of the "debate" is of this latter type.

i personally agree with the recent supreme court ruling that abortion rights shouldn't rest on privacy protections, but rather on a robust reading of the constitution that bodily autonomy is a fundamental right above and beyond states' interests (nation state or US state). i'd extend this to the issues of euthanasia and suicide as well. the state should have a very narrow and rigorously limited set of concerns (foreign relations and interstate disputes, in the case of the US federal govt).

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#23

Earlier quoted context omitted.

This isn't just partisan "sides." It's also sides of specific legal questions. I don't think "just stop picking a side regarding abortion, gun ownership, or gay marriage" is a reasonable solution. These are political wedge issues, but they are also legal questions with answers that can affect your daily life. Of course you want it to go a certain way!

no, stop thinking of sides at all, and especially don't start with a side first. start with reasoned first principles (the constitution is a good start) and continue to reason your way to a position on any given issue that is consistent with those first principles, sides be damned. the only reason you pay attention to sides is identifying with and wanting to defend a side in the first place. don't worry about defendi…

> the only reason you pay attention to sides is identify with and wanting to defend a side in the first place

True! For example, I inherently have a bias towards wanting LGBTQ people to have the right to participate in society through marriage, anti-discrimination laws, etc because I'm LGBTQ. I suspect a lot of black people have a bias towards wanting anti-discrimination legislation so they don't get discriminated against, too.

Does that strike you as unreasonable?

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#25
post #9

Earlier quoted context omitted.

or even simpler, stop being on a side, then you don't have to do mental tricks like "reversing the polarity". you can just see things for the way they are, without personal identity invested in the situation. this is exactly what being independent is.

If you've got an opinion on some issue, especially a strong one, then you're on a side, and there is an 'other'. Be careful not to conflate a sense of your own independence with a sense of your own lack of biases or immunity to human irrationality.

no, you don't have to think in sides. you can have a position and discuss your position with others. you don't have to think of them as your enemy, but rather your conversation partner, someone who can help you expand your perspective and perhaps even change your mind.

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#26

Earlier quoted context omitted.

no, stop thinking of sides at all, and especially don't start with a side first. start with reasoned first principles (the constitution is a good start) and continue to reason your way to a position on any given issue that is consistent with those first principles, sides be damned. the only reason you pay attention to sides is identifying with and wanting to defend a side in the first place. don't worry about defendi…

> the only reason you pay attention to sides is identify with and wanting to defend a side in the first place True! For example, I inherently have a bias towards wanting LGBTQ people to have the right to participate in society through marriage, anti-discrimination laws, etc because I'm LGBTQ. I suspect a lot of black people have a bias towards wanting anti-discrimination legislation so they don't get discriminated ag…

no, why should it? i want those things for disadvantaged groups as well. that doesn't mean that i've chosen a side and will defend it to the death against the bad ol' "others". everyone can be part of the same tribe. no other tribe needed. and it's ok if we don't all agree on the same things at the same time.

(i'm not going to pretend that i'm always cool, calm and collected in real life. far from it, i'm as flawed as the next person. but when it comes to thinking about this stuff, and striving to be more consistent with my own principles, this is the way i think myself out of all the partisanship i see around me.)

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#27

Earlier quoted context omitted.

no, stop thinking of sides at all, and especially don't start with a side first. start with reasoned first principles (the constitution is a good start) and continue to reason your way to a position on any given issue that is consistent with those first principles, sides be damned. the only reason you pay attention to sides is identifying with and wanting to defend a side in the first place. don't worry about defendi…

> the only reason you pay attention to sides is identify with and wanting to defend a side in the first place True! For example, I inherently have a bias towards wanting LGBTQ people to have the right to participate in society through marriage, anti-discrimination laws, etc because I'm LGBTQ. I suspect a lot of black people have a bias towards wanting anti-discrimination legislation so they don't get discriminated ag…

In a way, yes, that's problematic, because what you're saying is that those people are still not arguing for equal rights for all based on principle: their sole objective is arguing for more rights for themselves, which is still an adversarial position to take and in the long run will do nothing to prevent the tribalistic nature of public discourse.

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#28
post #12

Earlier quoted context omitted.

I think of the abortion issue as like a necker cube. You can view the optical illusion as extending inward or outward. But it is difficult to see it both ways. You could easily see it as flat, but then you aren't really seeing it at all. Partisans may object "but in the abortion case it is objectively extending inward and the other perspective is the optical illusion". But that objectivity is a moral illusion.

remember that the abortion issue, as a matter of law, is about the state's interests in the body. it does not litigate religious or social mores, but most of the "debate" is of this latter type. i personally agree with the recent supreme court ruling that abortion rights shouldn't rest on privacy protections, but rather on a robust reading of the constitution that bodily autonomy is a fundamental right above and beyo…

>remember that the abortion issue, as a matter of law, is about the state's interests in the body. it does not litigate religious or social mores, but most of the "debate" is of this latter type.

It seems specious to claim this when the states' interests in the body in this regard (as well as gay marriage and any other rights formerly predicated on the right to privacy asserted in Roe) are based on conservative Christian beliefs and mores.

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#29

Earlier quoted context omitted.

This isn't just partisan "sides." It's also sides of specific legal questions. I don't think "just stop picking a side regarding abortion, gun ownership, or gay marriage" is a reasonable solution. These are political wedge issues, but they are also legal questions with answers that can affect your daily life. Of course you want it to go a certain way!

no, stop thinking of sides at all, and especially don't start with a side first. start with reasoned first principles (the constitution is a good start) and continue to reason your way to a position on any given issue that is consistent with those first principles, sides be damned. the only reason you pay attention to sides is identifying with and wanting to defend a side in the first place. don't worry about defendi…

Forgive me for my ignorance: why would the constitution be a good start for reasoned first principles? The constitution was written centuries ago by wealthy men who considered women and other men property and its updating process is so onerous that it still has nothing in it that considers women equal to men, despite women's right to vote, pay taxes, own businesses, etc. being established decades ago.

Re: Cognitive Illiberalism and the Speech-Conduct Distinction

#30

Earlier quoted context omitted.

This isn't just partisan "sides." It's also sides of specific legal questions. I don't think "just stop picking a side regarding abortion, gun ownership, or gay marriage" is a reasonable solution. These are political wedge issues, but they are also legal questions with answers that can affect your daily life. Of course you want it to go a certain way!

no, stop thinking of sides at all, and especially don't start with a side first. start with reasoned first principles (the constitution is a good start) and continue to reason your way to a position on any given issue that is consistent with those first principles, sides be damned. the only reason you pay attention to sides is identifying with and wanting to defend a side in the first place. don't worry about defendi…

I like actually thinking about things, but does that address the problem where you’re more likely to see people who disagree with your (well-reasoned) opinion as violent?
Post reply on HN