The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...) more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity. (shrink)

The schoolyard wisdom about “sticks and stones” does not take one very far: insults do not take the form only of words, in truth even words have effects, and in the end the popular as well as the standard legal distinctions between speech and conduct are at least as problematic as they are helpful. To think clearly about how much we should put up with those who would put us down, it is necessary to explore the nature and place of (...) insult in our lives. What kind of injury is an insult? Is its infliction determined by the insulter or the insulted? What does it reveal of the character of each and of the character of society and its conventions? What is its role in social and legal life (from play to jokes to ritual to war and from blasphemy to defamation to hate speech)? Philosophical, anthropological, psychoanalytic, and legal approaches to the questions are emphasized. Whether intentional or unintentional, the assertions and assumptions of dominance in insults make them a serious and essential form of power play. Is to understand all to forgive all? (shrink)

This article examines what is wrong with some expressive acts, ‘insults’. Their putative wrongfulness is distinguished from the causing of indirect harms, aggregated harms, contextual harms, and damaging misrepresentations. The article clarifies what insults are, making use of work by Neu and Austin, and argues that their wrongfulness cannot lie in the hurt that is caused to those at whom such acts are directed. Rather it must lie in what they seek to do, namely to denigrate the other. The causing (...) of offence is at most evidence that an insult has been communicated; it is not independent grounds of proscription or constraint. The victim of an insult may know that she has been insulted but not accept or agree with the insult, and thereby submit to the insulter. Hence insults need not, as Waldron argues they do, occasion dignitary harms. They do not of themselves subvert their victims' equal moral status. The claim that hateful speech endorses inequality should not be conflated with a claim that such speech directly subverts equality. Thus, ‘wounding words’ should not unduly trouble the liberal defender of free speech either on the grounds of preventing offence or on those of avoiding dignitary harms. (shrink)

In this paper, I begin by defending permissivism: the claim that, sometimes, there is more than one way to rationally respond to a given body of evidence. Then I argue that, if we accept permissivism, certain worries that arise as a result of learning that our beliefs were caused by the communities we grew up in, the schools we went to, or other irrelevant influences dissipate. The basic strategy is as follows: First, I try to pinpoint what makes irrelevant influences (...) worrying and I come up with two candidate principles. I then argue that one principle should be rejected because it is inconsistent with permissivism. The principle we should accept implies that it is sometimes rational to maintain our beliefs, even upon learning that they were caused by irrelevant influences. (shrink)

I argue that rationally persuading another to do something for their own good is sometimes (objectionably) paternalistic. Rational persuasion may express, and be guided by, the motive of distrust in the other’s capacity to gather or weigh evidence, and may intrude on the other’s deliberative activities in ways that conflict with respecting their agency and autonomy. I also examine factors that make a difference to whether (and when) the provision of reasons is respectful.