Do we have free will: What does this mean for the law?

Do we have free will? The law presupposes that we have free will. It is an implicit premise of our legal system.   But, what if science shows otherwise? Can we maintain a legal system based on the illusion of free will? In The Self Illusion: How the Social Brain Creates Identity Professor Bruce Hood questions free … Continue reading Do we have free will: What does this mean for the law?

Presence & Memory

Litigation looks backwards. It involves piecing together moments of the past. All in the hopes of constructing an accurate and persuasive narrative. Usually at the heart of this process is memory. And parties often replay the moment at the centre of the lawsuit repeatedly. In Presence by Amy Cuddy, she writes that the more anxious and … Continue reading Presence & Memory

Judge Richard Posner: Let Fairness Prevail

A man walks into your law office. He asks: “what are my chances in winning this lawsuit?” The answer? Ask yourself, “how would a wise, moral man, with no legal training, decide this case?” In Divergent Paths: The Academy and the Judiciary, famous American Judge Richard Posner explains that “most judges evaluate cases in a holistic, … Continue reading Judge Richard Posner: Let Fairness Prevail

Divorce: Then and Now

“There is always some madness in love. But there is also always some reason in madness.” – Friedrich Nietzsche In an excellent article by John-Paul Boyd, he writes about the history of divorce: When we of the commonwealth let our hair down in the mid-nineteeth century and agreed that people could get divorced without having to engineer … Continue reading Divorce: Then and Now

The Unconscious Mind

“Humanity has in the course of time had to endure from the hands of science two great outrages upon its naive self-love. The first was when it realized that our earth was not the center of the universe, but only a tiny speck in a world-system of a magnitude hardly conceivable… The second was when … Continue reading The Unconscious Mind

The Blank Slate and The Pursuit of Happiness

“Every man, wherever he goes is encompassed by a cloud of comforting convictions, which move with him like flies on a summer day.” Bertrand Russell In western democracies, John Locke’s theory of the Blank Slate serves as a cloud of comforting convictions, which helped inspire the famous line “Life, Liberty and the Pursuit of Happiness.” The … Continue reading The Blank Slate and The Pursuit of Happiness