-/- [Posted here is article as originally published (same title) in ALSA Forum VI (1982) pp. 1-17 plus rebuttal by Thomas D. Barton, pp. 18-22].

A formal exposition of the author’s controversial views for which Warren Burger, then on the U.S. Court of Appeals for the District of Columbia, attempted unsuccessfully to have him disbarred. The second half of the book consists of a reprint in full of the ABA’s Code of Professional Responsibility, its Canons of Professional Ethics and Standards Relating to the Prosecution and Defense Functions.

Many observers now acknowledge that there are serious problems with the way in which pharmaceutical research is currently practiced. These problems include the suppression of undesirable results, bias in the design of studies and in the interpretation of results, and neglect of diseases that afflict the poor in developing countries. These problems can be traced at least in part to the influence of commercial interests on research. In what follows, I will discuss some of the main deficiencies of current pharmaceutical (...) research, and I will argue that an important one is inadequate dissent. As many have argued, rigorous scientific research requires dissent, or what Robert Merton called “organized skepticism” (1942). .. (shrink)

Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.

In the economic literature on the firm, especially in the transaction–cost tradition, a sharp distinction is drawn between so-called “market transactions” and “administered transactions.” This distinction is of enormous importance for business ethics, since market transactions are governed by the competitive logic of the market, whereas administered transactions are subject to the cooperative norms that govern collective action in a bureaucracy. The widespread failure to distinguish between these two types of transactions, and thus to distinguish between adversarial and non-adversarial relations, (...) has led many business ethicists to develop a “uniform” moral code. Yet in market transactions, the checks and balances built into the system of commercial exchange are such as to permit more instrumental forms of behavior. In administered transactions, by contrast, these checks and balances are absent, and thus the institutional context calls for much greater exercise of moral restraint. In this paper, I begin the task of developing an adversarial ethic for business. According to this view, the competitive environment licenses a greater range of “self-interested” behavior, but also imposes its own constraints on the strategies that firms may adopt in the pursuit of their interests. (shrink)

We examine the relationship between systems and their users from the knowledge discovery perspective. Recently knowledge discovery in databases has made important progress, but it may also bring some potential problems to database design, such as issues related to database security, because an unauthorised user may derive highly sensitive knowledge from unclassified data. In this paper we point out that there is a need for a comprehensive study on knowledge discovery in human-computer symbiosis. Borrowing terms from algorithm design and artificial (...) intelligence literature, we propose a notion called database-user adversarial partnership. We point out that this notion is general enough to cover various knowledge discovery and security of issues related to databases and their users. Furthermore, we point out the notion of database-user adversarial partnership can be further generalised into system-user adversarial partnership. Opportunities provided by knowledge discovery techniques and potential social implications are also discussed. (shrink)

The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary (...) offices."Applbaum begins by examining the career of Charles-Henri Sanson, who is appointed executioner of Paris by Louis XVI and serves the punitive needs of the ancien régime for decades. Come the French Revolution, the King's Executioner becomes the king's executioner, and he ministers with professional detachment to each defeated political faction throughout the Terror and its aftermath. By exploring one extraordinary role and the arguments that can be offered in its defense, Applbaum raises unsettling doubts about arguments in defense of less sanguinary professions and their practices.To justify harmful acts, adversaries appeal to arguments about the rules of the game, fair play, consent, the social construction of actions and actors, good outcomes in equilibrium, and the legitimate authority of institutions. Applbaum concludes that these arguments are weaker than supposed and do not morally justify much of the violation that professionals and public officials inflict. Institutions and the roles they create ordinarily cannot mint moral permissions to do what otherwise would be morally prohibited. (shrink)

In the economic literature on the firm, especially in the transaction-cost tradition, a sharp distinction is drawn between so-called “market transactions” and “administered transactions.” This distinction is of enormous importance for business ethics, since market transactions are governed by the competitive logic of the market, whereas administered transactions are subject to the cooperative norms that govern collective action in a bureaucracy. The widespread failure to distinguish between these two types of transactions, and thus to distinguish between adversarial and non-adversarial relations, (...) has led many business ethicists to develop a “uniform” moral code. Yet in market transactions, the checks and balances built into the system of commercial exchange are such as to permit more instrumental forms of behavior. In administered transactions, by contrast, these checks and balances are absent, and thus the institutional context calls for much greater exercise of moral restraint. In this paper, I begin the task of developing an adversarial ethic for business. According to this view, the competitive environment licenses a greater range of “self-interested” behavior, but also imposes its own constraints on the strategies that firms may adopt in the pursuit of their interests. (shrink)

What is the relevance of ideals for determining virtuous argumentative practices? According to Bailin and Battersby (2016), the telos of argumentation is to improve our cognitive systems, and adversariality plays no role in ideally virtuous argumentation. Stevens and Cohen (2019) grant that ideal argumentation is collaborative, but stress that imperfect agents like us should not aim at approximating the ideal of argumentation. Accordingly, it can be virtuous, for imperfect arguers like us, to act as adversaries. Many questions are left unanswered (...) by both camps. First, how do we conceptualize an ideal and its approximation? Second, how can we determine what is the ideal of argumentation? Third, can we extend Stevens and Cohen’s anti-approximation argument beyond virtue theory? In order to respond to these questions, this paper develops a second-best perspective on ideal argumentation. The Theory of the Second Best is a formal contribution to the field of utility (or welfare) optimization. Its main conclusion is that, in non-ideal circumstances, approximating ideals might be suboptimal. (shrink)

The ongoing coronavirus 2019 pandemic caused by the severe acute respiratory syndrome coronavirus 2 has resulted in a severe ramification on the global healthcare system, principally because of its easy transmission and the extended period of the virus survival on contaminated surfaces. With the advances in computer-aided diagnosis and artificial intelligence, this paper presents the application of deep learning and adversarial network for the automatic identification of COVID-19 pneumonia in computed tomography scans of the lungs. The complexity and time (...) limitation of the reverse transcription-polymerase chain reaction swab test makes it disadvantageous to depend solely on as COVID-19’s central diagnostic mechanism. Since CT imaging systems are of low cost and widely available, we demonstrate that the drawback of the RT-PCR can be alleviated with a faster, automated, and reduced contact diagnostic process via the use of a neural network model for the classification of infected and noninfected CT scans. In our proposed model, we explore the benefit of transfer learning as a means of resolving the problem of inadequate dataset and the importance of semisupervised generative adversarial network for the extraction of well-mapped features and generation of image data. Our experimental evaluation indicates that the proposed semisupervised model achieves reliable classification, taking advantage of the reflective loss distance between the real data sample space and the generated data. (shrink)

Adversarial scheme points to situations of rivalry like auctions, public tendering, sports competitions, elections or trials. Thomas Pogge suggested that these schemes have great advantage: they force agents to reveal their full performance. But they also incentivize agents to manipulate the rules. In other schemes with incentives, he also suggests, agents can easily downplay their performance, but won’t engage in rule manipulation to the same extent. In this paper, I will argue that adversarial schemes and other schemes with incentives advantages (...) or disadvantages do not map from one to the other as Pogge suggests. Performance-downplaying also takes place in adversarial schemes, as well as in other schemes with incentives also lead to rule manipulation. I will also argue that there are genuine differences between these two types of schemes. Adversarial schemes have three unique advantages: first, they may be more effective in producing motivational improvements at a lower cost, second, they may lead to an automatic optimization of performances and, third, they may produce unique system benefits. In order to produce these advantages, we must design adversarial schemes properly and use them in the right situation. (shrink)

Using the work of Robert A. Kagan's intellectual contribution on the intensification of law, leading authorities in the study of the politics of regulation and litigation examine the consequences of the expansion and intensification of law, both in the United States and the rest of the world. Part One considers bureaucratic legalism, a terrain in which popular and political discourse often conceives as a pitched battle between business and government, and in which claims about quantity—"too much" and "too little"—take center (...) stage. Here, the contributors examine the many ways in which regulators and the regulated cooperate, and the extent to which regulated entities internalize norms and practices associated with bureaucratic. Part Two considers adversarial legalism, a term that even among academics is often reduced to "litigiousness." The chapters in this section show that adversarial legalism is a much more complex, contingent, and multi-sided phenomenon than the popular debate over litigiousness suggests. Part III examines Kagan's core concepts in a comparative framework. Although some sometimes treat adversarial legalism as an American disease, scholars are increasingly finding it proliferating elsewhere, and debating whether it can take a prominent role in nations quite different in tradition and political structure from the United States. Across the globe, law and legalism in all its forms, bureaucratic and adversarial, is becoming more intense, and thus more central to politics, public policy and everyday life. The consequences are profound. Yet commentary is often stuck on old questions. Does the intensification of law reflect the withering of other social institutions? Is it a sign of moral decay? Or is it, on another account, signaling a new era of respect for universal human rights? The Politics of Legalism takes us instead in directions relatively unexplored by both scholars and popular commentators on law. Like Kagan's scholarship, it moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st Century. (shrink)

Algorithmic decision making is used in an increasing number of fields. Letting automated processes take decisions raises the question of their accountability. In the field of computational journalism, the algorithmic accountability framework proposed by Diakopoulos formalizes this challenge by considering algorithms as objects of human creation, with the goal of revealing the intent embedded into their implementation. A consequence of this definition is that ensuring accountability essentially boils down to a transparency question: given the appropriate reverse-engineering tools, it should be (...) feasible to extract design criteria and to identify intentional biases. General limitations of this transparency ideal have been discussed by Ananny and Crawford :973–989, 2018). We further focus on its technical limitations. We show that even if reverse-engineering concludes that the criteria embedded into an algorithm correspond to its publicized intent, it may be that adversarial behaviors make the algorithm deviate from its expected operation. We illustrate this issue with an automated news recommendation system, and show how the classification algorithms used in such systems can be fooled with hard-to-notice modifications of the articles to classify. We therefore suggest that robustness against adversarial behaviors should be taken into account in the definition of algorithmic accountability, to better capture the risks inherent to algorithmic decision making. We finally discuss the various challenges that this new technical limitation raises for journalism practice. (shrink)

Subjects exhibiting logical competence choices, for example, in Wason's selection task, are exhibiting an important skill. We take issue with the idea that this skill is individualistic and must be selected for at some different level than System 1 skills. Our case redraws System 1/2 boundaries, and reconsiders the relationship of competence model to skill.

This paper aims to highlight the life of computer technologies to understand what kind of ‘technological intentionality’ is present in computers based upon the phenomenological elements constituting the objects in general. Such a study can better explain the effects of new digital technologies on our society and highlight the role of digital technologies by focusing on their activities. Even if Husserlian phenomenology rarely talks about technologies, some of its aspects can be used to address the actions performed by the digital (...) technologies by focusing on the objects’ inner ‘life’ thanks to the analysis of passive synthesis and phenomenological horizons in the objects. These elements can be used in computer technologies to show how digital objects are ‘alive.’ This paper focuses on programs developed through high-order languages like C++ and unsupervised learning techniques like ‘Generative Adversarial Model.’ The phenomenological analysis reveals the computer’s autonomy within the programming stages. At the same time, the conceptual inquiry into the digital system’s learning ability shows the alive and changeable nature of the technological object itself. (shrink)

Examines Applbaum's elaboration, on contractualist grounds, of a plausible understanding of adversarial ethics, primarily but not exclusively in the contest of the legal system. Raises criticisms of what are arguably unnecessary concessions and offers the behavior of US government lawyers in the Korematsu case as an example for consideration.

The purpose of crowd counting is to estimate the number of pedestrians in crowd images. Crowd counting or density estimation is an extremely challenging task in computer vision, due to large scale variations and dense scene. Current methods solve these issues by compounding multi-scale Convolutional Neural Network with different receptive fields. In this paper, a novel end-to-end architecture based on Multi-Scale Adversarial Convolutional Neural Network (MSA-CNN) is proposed to generate crowd density and estimate the amount of crowd. Firstly, a multi-scale (...) network is used to extract the globally relevant features in the crowd image, and then fractionally-strided convolutional layers are designed for up-sampling the output to recover the loss of crucial details caused by the earlier max pooling layers. An adversarial loss is directly employed to shrink the estimated value into the realistic subspace to reduce the blurring effect of density estimation. Joint training is performed in an end-to-end fashion using a combination of Adversarial loss and Euclidean loss. The two losses are integrated via a joint training scheme to improve density estimation performance.We conduct some extensive experiments on available datasets to show the significant improvements and supremacy of the proposed approach over the available state-of-the-art approaches. (shrink)

The paper questions the compatibility of critical realism with ecological economics. In particular, it is argued that there is radical dissonance between ontological presuppositions of ecological economics and critical realist perspective. The dissonance lies in the need of ecological economics to state strict causal regularities in socio-economic realm, given the environmental intuitions about the nature of economy and the role of materiality and non-human agency in persistence of economic systems. Using conceptual apparatus derived from Andrew Brown’s critique of critical realism (...) and Bruno Latour’s actor-network theory, the paper refuses ontological nature/society dualism employed by critical realism, and stresses the role of non-humans in practical production and reproduction of socio-economic networks on the one hand, and in broadly defined ecological economic research on the other hand. (shrink)

My commentary calls attention to what makes Mr. Bowie's paper well worth intensive consideration. In my brief evaluation, however, I only lay out three incoherent elements of his proposed family model of labor-management relations.I argue that complete job security is not compatible with complete freedom to change firms; that, in practice, such security for all employees is not compatible with the shifting demand of our economic system, and that the model includes two kinds of spouse relationships — one affectional (...) and another competitive — that are incoherent with one another. My point is not that Mr. Bowie's model is fatally flawed, but that it needs to be improved. (shrink)

We propose a new approach to the study of introspection. Instead of asking what form introspection actually takes in humans or other animals, we ask what forms it could take, in natural or artificial minds. What are the dimensions along which forms of introspection could vary? This is a relatively unexplored question, but it is one that has the potential to open new avenues of study and reveal new connections between existing ones. It may, for example, focus attention on possible (...) forms of introspection radically different from the human one and help to integrate competing theories of human introspection in a non-adversarial manner. We introduce and motivate the project, provide a preliminary mapping of the space of possible forms of introspection, and sketch a programme for interdisciplinary research on the topic. (shrink)

U.S. approaches to oversight of research and technological products have developed over time in an effort to ensure safety to humans, animals, and the environment and to control use in a social context. In modern times, regulatory and oversight tools have evolved to include diverse approaches such as performance standards, tradable allowances, consultations between government and industry, and pre-market safety and efficacy reviews. The decision whether to impose an oversight system, the oversight elements, the level of oversight, the choice (...) of approach, and its execution can profoundly affect technological development, individual and collective interests, and public confidence in technological products. Oversight is conducted by a range of institutions with various capabilities, cultures, and motives. Avenues for disputing oversight decisions are also important, and some argue that the U.S. operates in an adversarial regulatory culture in which Congress, the media, and stakeholders regularly contest the decisions of federal agencies. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and policy amendments (...) in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

This study's objective is to explore the psychological defense mechanisms of Ukrainian service members as a regulatory system for personality stabilization that influences combat mission effectiveness. The study was carried out during 2019–2020. The respondents were 270 military personnel of the ground forces, who had gained experience in the Anti-Terrorist Operation hostilities in the East of Ukraine in 2017–2020. We used psychodiagnostic methods such as the Lifestyle Index by Plutchik, Kellerman, and Conte; Lazarus’s Coping Test; and Leontiev’s Meaningful Life (...) Orientations Test. Our work confirmed our research hypothesis that psychological defense mechanisms as part of the regulatory system of personality stabilization predetermine the effectiveness of the combat missions performed by military personnel of special branches. Military psychologists can use the results during their official training (psychological training and psycho-corrective measures) in order to acquire among the troops the required effectiveness in combat. Defense mechanisms will also contribute to the observance of military ethics, not least when faced with military immorality on the part of adversaries. (shrink)

The Direction of Medical Ethics The direction bioethics, and specifically medical ethics, will take in the next few years will be crucial. It is an emerging specialty that has attempted a great deal, that has many differing agendas, and that has its own identity crisis. Is it a subspecialty of clinical medicine? Is it a medical reform movement? Is it a consumer pro tection movement? Is it a branch of professional ethics? Is it a ra tionale for legal decisions and (...) agency regulations? Is it something physicians and ethical theorists do constructively together? Or is it a morally concentrated attack on high technology, with the prac titioners of scientific medicine and the medical ethicists in an adversarial role? Is it a conservative endeavor, exhibiting a Frankenstein syn drome in Medical Genetics ("this time, they have gone too far"), or a Clockwork Orange syndrome in Psychotherapy ("we have met hods to make you talk-walk-cry-kill")? Or does it suffer the afflic tion of overdependency on the informal fallacy of the Slippery Slope ("one step down this hill and we will never be able to stop") that remains an informal fallacy no matter how frequently it's used? Is it a restricted endeavor of analytic philosophy: what is the meaning of "disease," how is "justice" used in the allocation of medical resources, what constitutes "informed" or "consent?" Is it applied ethics, leading in clinical practice to some recommenda tion for therapeutic or preventive action? This incomplete list of questions indicates just how complex. (shrink)

In the XVIIth century the conflict which opposed the jansenists to the jesuits involved the problem of the due process in theological matter. The jesuits heralded the thesis that the infallibility of the Church has to be extended from dogmatics (‘quaestio iuris’) to the historical facts (‘quaestio facti’). On the opposite side Arnauld maintained that such an opinion was ‘monstruous’: also in religious matters the ‘fact’ has to be proved according to the principles of a due process, and not by (...) authority. In this article the thesis pleaded by the jansenists is considered in connection with the model of argumentative procedure offered by the Port-Royal logic.The Logique ou Art de penser (1622) by Antoine Arnauld and Pierre Nicole seems to have rediscovered the classical principles of the theory of argumentation: from the burden of proof to the idea of probable truth. But really a new model of adversary-system has been introduced into the modern mind, which is very different in concept from the topical tradition. The basic metaphor of combat, implying that the truth will prevail in the fight, is compatible with the epistemological premises of the modern logic (as the separation between ‘fact’ and ‘value’). Therefore the problem of the fact-finding seems to be attracted into the area of the logic of information, and not of the theory of argumentation. (shrink)

Reasoners compare problems to prior cases to draw conclusions about a problem and guide decision making. All Case-Based Reasoning (CBR) employs some methods for generalizing from cases to support indexing and relevance assessment and evidences two basic inference methods: constraining search by tracing a solution from a past case or evaluating a case by comparing it to past cases. Across domains and tasks, however, humans reason with cases in subtly different ways evidencing different mixes of and mechanisms for these components.In (...) recent CBR research in Artificial Intelligence (AI), five paradigmatic approaches have emerged: statistically-oriented, model-based, planning/design-oriented, exemplar-based, and adversarial or precedent-based. The paradigms differ in the assumptions they make about domain models, the extent to which they support symbolic case comparison, and the kinds of inferences for which they employ cases. (shrink)

An interdisciplinary and jurisprudential primer that seeks to ground students in basic concepts that undergird and influence legal reasoning and process. Presented in clear and compelling prose that efficiently plugs this common gap in baseline knowledge. Student-friendly orientation that synthesizes numerous books on individual topics to create a full-blown inquiry into various jurisprudential fields. An even-handed and efficient student guide that includes Theory and the Law; Law and Economics; Political Philosophy and Law; American Governmental Structure: Its Impact on Law; Law, (...) Dispute Resolution, and the Adversary System; and Historical, Jurisprudential, and Multidisciplinary Influences on Law. (shrink)

The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the (...) law of property -- Private agreements: the law of contract -- Church and state -- Personal liberty and privacy -- Freedom of speech -- Equality. (shrink)

Many social institutions function with rivalry, whether it is the legal adversarial system, the electoral system, competitive sports or the market. The literature on adversarial ethics (with authors such as Arthur Applbaum, David Luban and Joseph Heath) attempts to clarify what is a good behavior in these situations, but this work does not examine if institutionalized rivalry is desirable given its good and bad aspects. According to Monroe Freedman, for instance, the confrontation between lawyers in a trial may (...) help discover important facts about a case. Most economists believe that competition in the market increases economic efficiency. But institutionalized rivalry can also lead to morally wrong acts such as violence, deception or coercion. The aim of this article is to identify the conditions under which rivalry may be more or less desirable in our social arrangements. First, it will be necessary to clarify what is institutionalized rivalry and what is an adversarial scheme. Then, this article will explain what are the generic advantages and problems of adversarial schemes. Finally, this analysis will be used to outline a series of minimal requirements to consider that an adversarial scheme is desirable. (shrink)

This chapter contains section titled: Scope of the Topic A Unified Theory: The Search for Truth The Adversary System and the Search for Truth Truth, Reliability, and Bayesianism Applications of Quasi‐objective Bayesianism References Further Reading.

An in-depth investigation of the influence that apprehension about litigation and legal liability exerts on ethical medical practice today.

David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human (...) dignity and human rights. In addition to an analytical introduction, the volume includes two major previously unpublished papers, including a detailed critique of the US government lawyers who produced the notorious 'torture memos'. It will be of interest to a wide range of readers in both philosophy and law. (shrink)

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system (...) and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law. (shrink)

Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- (...) Appendix III. Common case citations. (shrink)

The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. (...) In this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions. (shrink)

This article examines a thesis of interest to social epistemology and some articulations of First Amendment legal theory: that a free market in speech is an optimal institution for promoting true belief. Under our interpretation, the market-for-speech thesis claims that more total truth possession will be achieved if speech is regulatedonlyby free market mechanisms; that is, both government regulation and private sector nonmarket regulation are held to have information-fostering properties that are inferior to the free market. After discussing possible counterexamples (...) to the thesis, the article explores the actual implications of economic theory for the emergence of truth in a free market for speech. When confusions are removed about what is maximized by perfectly competitive markets, and when adequate attention is paid to market imperfections, the failure of the market-for-speech thesis becomes clear. The article closes by comparing the properties of a free market in speech with an adversarial system of discourse. (shrink)

Note: The author holds the copyright, and there was no agreement, express or implied, not to use a facsimile PDF. -/- Using erotetic logic, the paper defines the "the whole truth" in a manner consistent with U.S. Supreme Court precedent. It cannot mean "the whole story," as witnesses in an adversary system are permitted /only/ to answer the questions put to them, nor are they permitted to speculate, add irrelevant material, etc. Nor can it mean not to add (...) an admixture of falsity, as that is already included in "nothing but the truth," and, strictly speaking, in "the truth," as any such as admixture renders the whole thing false (given bivalence is presupposed) by &-introduction. (shrink)