‘Now this world is arranged as it had to be if it were to be capable of continuing with great difficulty to exist; if it were a little worse, it would be no longer capable of continuing to exist. […] and so this world itself is the worst of all possible worlds.’ –Schopenhauer

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While we have come to expect bullshit from politicians, there is no shortage of judicial bullshit either. After discussing Harry Frankfurt’s famous description of bullshit, I illustrate possible instances of judicial bullshit in a wide range of bioethics cases, mostly at the Supreme Court. Along the way, we see judges bullshit for many reasons including the desire to keep precedents malleable, avoid line drawing, hide the arbitrariness of line drawing, sound important, be memorable, gloss over inconvenient facts, sound poetic, make it seem like their hands are tied, and appear to address profound questions without actually staking out provocative positions.

{ Arizona State Law Journal | Continue reading }

photo { Ramón Masats, Tomelloso, Ciudad Real, 1960 }