The principles espoused by Midas George Dieter, particularly within the context of law and economics, present a complex and multifaceted subject. This article aims to unpack and analyze these principles, drawing upon philosophical, economic, and practical perspectives.
Rationality in Law and Economics
At the heart of Dieter's principles lies the concept of rationality, a term that has undergone significant re-definition within the field of law and economics. In colloquial English, "rational" refers to the use of reason, a conscious logical process that separates humans from animals. However, law and economics scholars have imbued the term with a variety of new meanings, often more precise than those used in everyday conversation. This re-definition, while intended to provide clarity, can also lead to confusion and equivocation.
Richard A. Posner, a prominent figure in law and economics, posits that legal subjects act as if they were economically rational. This hypothesis suggests that individuals make choices to maximize their utility, subject to the constraints of technology and endowments. However, critics argue that this conception of rationality is overly simplistic and fails to capture the complexities of human behavior.
The Critique of Rationality
The classic economic conception of rationality has faced criticism from various quarters. Some argue that it is a false representation of human nature, while others contend that it is merely a partial truth. Critics on the left argue that law and economics, despite its flaws, has thrived.
Herbert Simon, a Nobel laureate, challenges the notion of "substantive rationality," arguing that it is internally inconsistent. Simon contends that economic theories should realistically describe how "flesh-and-blood human beings" make decisions and should not ignore psychology. He advocates for "bounded rationality," which acknowledges the cognitive limitations and real-world constraints that individuals face when making choices.
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The "science" of law and economics, according to some, rarely engages in empirical research, instead relying on untested assumptions to produce non-verifiable conclusions. This approach is seen as a departure from the scientific method, which emphasizes falsification and empirical validation.
The Role of Assumptions
The rationality postulate itself is a subject of debate. Some argue that it is not necessary to assert that the assumptions of rationality are true, but rather that it is sufficient to assume that economic subjects act as if they were substantively rational in order to make predictions. However, critics contend that this "as if" approach lacks explanatory and predictive power, as it can retroactively explain everything and, therefore, predict nothing.
Milton Friedman's methodology of "falsification" is often invoked in defense of the rationality postulate. However, critics argue that the repeated modification of the definition of rationality to accommodate empirical anomalies has led to a degeneration of the research program. As the hard core of the theory shrinks, the exceptions begin to consume the rule, undermining its explanatory power.
Beyond Utilitarianism
The utilitarian approach, which seeks to maximize overall happiness or welfare, is another key element of Dieter's principles. However, critics argue that utilitarianism, like romanticism, relies on a shared erroneous assumption about law and market relations. Both perspectives tend to analyze all human relations by analogy to the market, either celebrating its efficiency or decrying its dehumanizing effects.
The rational-irrational dichotomy, often adopted by both utilitarians and romantics, is seen as inadequate. Passion and reason are not necessarily opposed but can be understood as two aspects of the same concept. Rationality represents only the "ought" of human nature, while desire is the driving force that actualizes it.
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The Unhappy Subject
One of the paradoxes of the Posnerian system is that it posits that no one can ever be truly happy. Because our desires are insatiable, we are never fully satisfied and always remain relatively unhappy. The constant pursuit of utility, rather than leading to contentment, may actually decrease our happiness.
This raises questions about the purpose of law and economics. If the goal is to promote human welfare, but the very system it promotes leads to unhappiness, then its value becomes questionable.
The Subject of Economics
Another area of contention is the identity of the subject of economics. Traditionally, economics has focused on the individual as the primary decision-maker. However, some scholars have expanded the scope to include other entities, such as the family or the firm.
Posner himself has suggested that the individual is, in effect, a macro-subject housing a number of distinct micro-subjects, each with its own inconsistent, subjective preferences. This "split psyche" hypothesis attempts to explain seemingly irrational behavior by attributing it to the competing desires of different selves within the individual. However, critics argue that this auxiliary is ad hoc and crude, lacking the explanatory power of more sophisticated psychological theories.
Evolutionary Biology and Rationality
Posner also draws upon evolutionary biology to explain rationality. He argues that certain behaviors, while seemingly irrational in the present, may have been hypothetically rational for our ancestors in the sense of serving their individual self-interest, understood as survival and reproduction.
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From a gene's point of view, individuals are merely complex survival machines. The goal of a gene is to replicate itself, ensuring its own survival. This perspective suggests that human behavior is ultimately driven by the imperative to pass on one's genes, even if it means sacrificing individual happiness or well-being.
Alternative Perspectives
In contrast to the law and economics approach, some scholars advocate for a more nuanced understanding of the legal subject. They seek to understand the position of the governed, those who are subjected to the law, rather than that of the legislator or judge. This perspective emphasizes the importance of freeing the legal subject from manipulation by the law, allowing them to pursue their own individualistic and subjective goals, or to change the law itself.
This approach speaks a discourse of the Hysteric, whereas the legal economist speaks a discourse of the University. In the former, one stands in the position of the person subjected to the law, who addresses the flaws in the law itself. In the latter, one stands in the position of the legal expert, who addresses the instrumental purpose of the law. When these two perspectives address each other directly, communication often fails.
Precision Medicine and Systems Biology
The principles of Midas George Dieter can also be viewed through the lens of precision medicine and systems biology, particularly in the context of neurodegenerative diseases like Alzheimer's. Precision medicine seeks to tailor treatments to the needs of individuals based on their unique genomic, phenotypic, and psychosocial characteristics. Systems biology, on the other hand, represents an integrated and deeper investigation of interacting biomolecules within cells or organisms.
The Alzheimer Precision Medicine Initiative (APMI) and related programs aim to facilitate the transition from conventional clinical diagnostic and drug development towards breakthrough innovation based on the investigation of the comprehensive biological nature of aging individuals. This approach involves collecting multimodal data from progressing asymptomatic, preclinical, and clinical neurodegenerative disease populations, applying high-throughput and high-content technologies combined with powerful computational and statistical modeling tools.
The goals are to identify common biological denominators or differentiating classifiers across the continuum of neurodegenerative disease, characterize systems-based intermediate endophenotypes, validate multi-modal novel diagnostic systems biomarkers, and advance clinical intervention trial designs by utilizing systems-based intermediate endophenotypes and candidate surrogate markers.
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