“Canceling the Op-Ed,” Journal of Controversial Ideas (forthcoming)
The Op-Ed is Op-Dead
So calling something an “Op-Ed” is racist, now?
First they came for Dr. Seuss and I did nothing because he was just a children’s writer. Then they came for the Op-Eds but there was no one left to protect them.
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If you think about it, the idea of heaven sounds pretty grifty
"Sure, you'll get your reward if you do what i say, but you get it after you die."
"I should add, that if you don't do what i say, after you die you will be tortured for all eternity. I know that sounds extreme, but I don't make the rules. So, do you feel lucky, punk?"
Speaking of cancellation, the first article that I wrote with @oonahathaway was on "cancellation" in international law, what we call "outcasting." We argued there that in contrast to domestic law, where centralized institutions do things to scofflaws, /1 papers.ssrn.com/sol3/papers.cf…
in international law states enforce the rules by refusing to do things with scofflaws. State outcast scofflaw states by depriving them of the benefits of cooperation. There are many forms of outcasting: if you look for them in international law, they are everywhere /2
In our book, "The Internationalists," Oona and I argued that outcasting is norm in the modern world because war has been outlawed. In the pre-1928 world, war was the way in which legal rights were enforced. Economic sanctions were illegal. This flips after 1928. /3
I make jokes about inclusive legal positivism, so an explainer about what it is and why it's ridiculous
Thread /1
Legal positivism is the view that the law is ultimately a matter of social fact. Law is, at bottom, a social construction. In its modern form, the social facts that ultimately make rules *legal* rules is the practice among officials to treat those rules as law. /2
HLA Hart, the great legal positivist of postwar Anglophone jurisprudence called this practice the "rule of recognition" (RoR). The RoR identifies those properties that rules must possess in order to be law. The RoR in the US, for example, requires statutes /3