Wednesday, November 30, 2011

Chilean judge charges ex-US military officer

(AP) ? A judge investigating abuses during Chile's dictatorship is seeking the extradition of a former U.S. military officer on murder charges in the 1973 killing of two Americans, including one whose disappearance was the focus of the film "Missing," court officials said Tuesday.

Former U.S. Navy Capt. Ray E. Davis was charged in the deaths of journalist Charles Horman and U.S. student Frank Teruggi, who were killed during the 1973-1990 regime of Gen. Augusto Pinochet. The court statement said retired Chilean army Brigadier Pedro Espinoza Bravo was also charged in the murders.

Judge Jorge Zepeda asked Chile's Supreme Court to authorize an extradition request so that Davis may be tried in Chile, the court said in its statement.

In the document outlining the charges, Zepeda said the killings of Horman and Teruggi occurred during a secret investigation by U.S. officials into the activity of Americans at home and in Chile, "activity that U.S. agents considered 'subversive.'"

The court statement described Davis as being commander of the U.S. military mission in Chile at the time of the coup, working as a liaison between the U.S. and Chilean militaries. Davis' whereabouts were not immediately clear.

Espinoza is jailed in a special Chilean prison for offenders convicted of human rights abuses, and is already serving sentences in separate cases.

Horman was 31 at the time of his death. He was detained six days after the 1973 military coup that swept Pinochet to power and was taken to Santiago's National Stadium, which became a camp for prisoners and dissidents.

A national truth commission said Horman was executed on Sept. 18, 1973, while he was in the custody of state security agents. It also said Teruggi, then a 24-year-old university student, was similarly executed just several days later, on Sept. 22.

Horman was the focus of the 1982 film "Missing," by director Costa Gavras and starring Jack Lemmon and Sissy Spacek, which won a best screenplay Oscar.

Zepeda said the U.S. journalist was considered a subversive for his work as a screenwriter for Chilean state film company "Chile Films." The judge alleged that Davis could have stopped Horman's execution but didn't because he considered his work "subversive" and "extremist."

Horman may have also been killed because he involuntarily found out about U.S. "collaboration during the military events unfolding" in Chile's military coup, Zepeda said documents indicated.

"The judge has made ample use of declassified U.S. documents, demonstrating their value to moving the wheels of justice forward in these two infamous murders," said Peter Kornbluh, who heads the Chile documentation project at the Washington-based National Security Archive.

Released documents indicate U.S. agents in Chile advised the FBI that their sources told them Teruggi was closely linked to an organization called the Group for the Liberation of the Americas, Area Chicago, the judge said, and that Teruggi purportedly was producing leftist propaganda to be distributed in the U.S.

Both Teruggi and Holman were monitored by U.S. agents in Chile, Zepeda said, adding that the information gathered was passed on to Chilean intelligence officials who ordered the men's detentions.

A national commission has determined that 3,095 people were killed or disappeared during Pinochet's dictatorship.

____

Online:

National Security Archive:

www.nsarchive.org

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2011-11-29-LT-Chile-US-Extradition/id-f885469c935c4abb97c3abe65ea50724

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Biden says U.S. 'stands ready' to help Iraq (CNN)

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40 percent of youths attempting suicide make first attempt before high school

40 percent of youths attempting suicide make first attempt before high school [ Back to EurekAlert! ] Public release date: 28-Nov-2011
[ | E-mail | Share Share ]

Contact: Molly McElroy
mollywmc@uw.edu
206-543-2580
University of Washington

Thoughts about killing oneself and engaging in suicidal behavior may begin much younger than previously thought. While about one of nine youths attempt suicide by the time they graduate from high school, new findings reveal that a significant proportion make their first suicide attempt in elementary or middle school.

In a study published in the November issue of the Journal of Adolescent Health, nearly 40 percent of young adults who said they had tried suicide said that they made their first attempt before entering high school.

The researchers also found that suicide attempts during childhood and adolescence were linked to higher scores of depression at the time of the attempts, validating for the first time that young adults can reliably recall when they first attempted suicide.

"Young adults who end up having chronic mental health problems show their struggles early," said James Mazza, lead author and professor of educational psychology at the University of Washington. "This study suggests that implementation of mental health programs may need to start in elementary and middle schools, and that youth in these grades are fairly good reporters of their own mental health."

Adolescence can often be a struggle for some youth with ongoing pressures of drugs, alcohol, sexual relationships and sexual orientation. At the same time, they're becoming more autonomous.

"Adolescence is a time when kids are preparing to be more independent from their parents or guardians, but lack the experience of how to do this," said Mazza, a school psychologist. "And their support network their friends doesn't have the experience either, especially in crisis situations."

As part of an ongoing survey, Mazza and his collaborators asked 883 young adults aged 18 or 19 about their history of suicide attempts. Seventy-eight respondents, nearly 9 percent, said that they had tried suicide at some point.

Suicide attempt rates showed a sharp increase around sixth grade, about age 12, with rates peaking around eighth or ninth grade. For the 39 respondents reporting multiple suicide attempts, their first attempt was significantly earlier as young as 9 than those making a single attempt.

Mazza compared the young adults' recollection of their suicide attempts with their past depression scores, which were collected yearly as part of their participation in the Raising Healthy Children project led by researchers at UW's Social Developmental Research Group at the School of Social Work.

Depression levels were higher at the time of the youths' reported first suicide attempts compared with their peers who had not attempted suicide. And Mazza found an increase in depression scores at the time of the attempt compared with depression scores the year before and after the attempt for the same child.

"This suggests that kids are able to tell us, by their depression scores, that things aren't going well for them," Mazza said. "We're likely not giving kids enough credence in assessing their own mental health, and this study shows that we can rely on self-report measures to help identify youth who may be at risk for current mental health concerns, including possible suicidal behavior."

###

The National Institute on Drug Abuse funded the study. Other co-authors are Robert Abbott, UW educational psychology professor; and Richard Catalano, director, and Kevin Haggerty, assistant director, of UW's Social Developmental Research Group.

For more information, contact Mazza at 206-616-6373 or mazza@uw.edu.

Study: http://jahonline.org/article/S1054-139X%2811%2900127-3/abstract


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?


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40 percent of youths attempting suicide make first attempt before high school [ Back to EurekAlert! ] Public release date: 28-Nov-2011
[ | E-mail | Share Share ]

Contact: Molly McElroy
mollywmc@uw.edu
206-543-2580
University of Washington

Thoughts about killing oneself and engaging in suicidal behavior may begin much younger than previously thought. While about one of nine youths attempt suicide by the time they graduate from high school, new findings reveal that a significant proportion make their first suicide attempt in elementary or middle school.

In a study published in the November issue of the Journal of Adolescent Health, nearly 40 percent of young adults who said they had tried suicide said that they made their first attempt before entering high school.

The researchers also found that suicide attempts during childhood and adolescence were linked to higher scores of depression at the time of the attempts, validating for the first time that young adults can reliably recall when they first attempted suicide.

"Young adults who end up having chronic mental health problems show their struggles early," said James Mazza, lead author and professor of educational psychology at the University of Washington. "This study suggests that implementation of mental health programs may need to start in elementary and middle schools, and that youth in these grades are fairly good reporters of their own mental health."

Adolescence can often be a struggle for some youth with ongoing pressures of drugs, alcohol, sexual relationships and sexual orientation. At the same time, they're becoming more autonomous.

"Adolescence is a time when kids are preparing to be more independent from their parents or guardians, but lack the experience of how to do this," said Mazza, a school psychologist. "And their support network their friends doesn't have the experience either, especially in crisis situations."

As part of an ongoing survey, Mazza and his collaborators asked 883 young adults aged 18 or 19 about their history of suicide attempts. Seventy-eight respondents, nearly 9 percent, said that they had tried suicide at some point.

Suicide attempt rates showed a sharp increase around sixth grade, about age 12, with rates peaking around eighth or ninth grade. For the 39 respondents reporting multiple suicide attempts, their first attempt was significantly earlier as young as 9 than those making a single attempt.

Mazza compared the young adults' recollection of their suicide attempts with their past depression scores, which were collected yearly as part of their participation in the Raising Healthy Children project led by researchers at UW's Social Developmental Research Group at the School of Social Work.

Depression levels were higher at the time of the youths' reported first suicide attempts compared with their peers who had not attempted suicide. And Mazza found an increase in depression scores at the time of the attempt compared with depression scores the year before and after the attempt for the same child.

"This suggests that kids are able to tell us, by their depression scores, that things aren't going well for them," Mazza said. "We're likely not giving kids enough credence in assessing their own mental health, and this study shows that we can rely on self-report measures to help identify youth who may be at risk for current mental health concerns, including possible suicidal behavior."

###

The National Institute on Drug Abuse funded the study. Other co-authors are Robert Abbott, UW educational psychology professor; and Richard Catalano, director, and Kevin Haggerty, assistant director, of UW's Social Developmental Research Group.

For more information, contact Mazza at 206-616-6373 or mazza@uw.edu.

Study: http://jahonline.org/article/S1054-139X%2811%2900127-3/abstract


[ Back to EurekAlert! ] [ | E-mail | Share Share ]

?


AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


Source: http://www.eurekalert.org/pub_releases/2011-11/uow-4po112311.php

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A New Printer Hack Sounds Like Remote-Controlled Arson (The Atlantic Wire)

Hacking somebody's printer remotely seems like a silly idea -- how would you pick up your fraudulent documents? But researchers at Columbia say they've found a way to do it, and one effect could be setting the things on fire from afar. In fact, aside from some vague references to identity theft in the MSNBC report that broke the story, setting a printer on fire seems like the only concrete effect criminals can achieve in the newly discovered hack. Theoretically, the vulnerability in Hewlett-Packard printers that makes them susceptible to control from outside hackers could be used to establish a "beachhead" in otherwise secure computer networks. But as scientists demonstrated their findings, they went for the dramatic:

Printer security flaws have long been theorized, but the Columbia researchers say they've discovered the first-ever doorway into millions of printers worldwide. In one demonstration of an attack based on the flaw, Stolfo and fellow researcher Ang Cui showed how a hijacked computer could be given instructions that would continuously heat up the printer?s fuser ? which is designed to dry the ink once it?s applied to paper ?? eventually causing the paper to turn brown and smoke.

In that demonstration, a thermal switch shut the printer down ? basically, causing it to self-destruct ? before a fire started, but the researchers believe other printers might be used as fire starters, giving computer hackers a dangerous new tool that could allow simple computer code to wreak real-world havoc.

HP, for its part, "said Monday that it is still reviewing details of the vulnerability, and is unable to confirm or deny many of the researchers? claims, but generally disputes the researchers? characterization of the flaw as widespread," MSNBC reported. Even so, this will probably make that desk by the office printer into even less-coveted real estate.

Source: http://us.rd.yahoo.com/dailynews/rss/security/*http%3A//news.yahoo.com/s/atlantic/20111129/tc_atlantic/newprinterhacksoundsremotecontrolledarson45494

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Changes in the Republican Primary Race: Gingrich and Johnson on the Move (ContributorNetwork)

ANALYSIS | The Associated Press reports that Newt Gingrich, former Speaker of the House of Representatives and current candidate for the Republican nomination in the 2012 presidential election, has landed a key endorsement in New Hampshire. The state's largest newspaper, the New Hampshire Union Leader, gave the Clinton-era conservative an upset victory: Republican frontrunner Mitt Romney was a far-and-ahead leader-of-the-pack with 42 percent of the New Hampshire vote to Newt's second-place percent.

The endorsement, coming six weeks before the beginning of the Republican primaries, can be seen as a boost for on-the-rise Gingrich and a blow for Romney, the longtime Massachusetts frontrunner who has recently seen both Herman Cain and Newt Gingrich rise as viable challengers. Romney, a candidate for the GOP nomination in 2008, saw eventual nominee John McCain win the same endorsement four years ago. The Romney camp should be fretting about the possibility of history repeating itself and begin double-checking its strategies.

While the endorsement may not be enough to be a major game-changer for the aging Gingrich (who carries a veritable mountain of political baggage from his 1990s Congressional tenure), it may cause more people to give the ex-Congressman a brief chance. While many candidates may not be able to work campaign magic with an extra moment of voters' attention, Newt Gingrich is one of the few who probably can, especially with his proven record of bipartisan performance in the U.S. Capitol and his famous 1994 "Contract With America."

Look for this endorsement to move Gingrich to replace Herman Cain as primary challenger to Mitt Romney.

According to the AFP, GOP presidential candidate and former governor of New Mexico Gary Johnson is considering leaving the Republican field and seeking the Libertarian nomination for prez. Johnson is openly angry with the media, and the Republican Party, for excluding him from Republican debates and ignoring him in many political polls.

The Libertarian Party espouses personal freedom more than traditional conservatism, according to its website, and is on the ballot in all 50 states. However, it has never won a noticeable portion of the presidential vote. Could Gary Johnson give the unnoticed political party a boost?

Undoubtedly, the potential exists for an amazing comeback story: Johnson, a two-term governor, is a self-made man and accomplished adventurer, reports Time.com. He has personal and political achievements under his belt and, in my opinion, should not be overlooked by the media or the Republican Party. With swings in public opinion boosting former political nobodies like non-pol Herman Cain and '90s throwback Newt Gingrich to the forefront at almost a moment's notice, it stands to reason that Gary Johnson could be on the rise within days.

If Gary Johnson gets a polling bump and then switches quickly to the Libertarian Party, he could give that political party the biggest boost it has ever had.

He wouldn't win a spot in the Oval Office, but he would make a name for himself and create a newsworthy change in the political game.

Source: http://us.rd.yahoo.com/dailynews/rss/uscongress/*http%3A//news.yahoo.com/s/ac/20111128/pl_ac/10535931_changes_in_the_republican_primary_race_gingrich_and_johnson_on_the_move

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sindolafuente: RT @bernardosampa: en el programa del PP solo aparece Internet dos veces: al lado de "pirater?a" y de "pornograf?a". Que Google nos pill ...

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en el programa del PP solo aparece Internet dos veces: al lado de "pirater?a" y de "pornograf?a". Que Google nos pille confesados... #15M bernardosampa

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Tuesday, November 29, 2011

Euro in danger, Europe races for debt solution

A man checks stock indexes on a screen of a bank in Milan, Italy, Monday, Nov. 28, 2011. For the second time in as many market days, Italy paid sharply higher borrowing rates in an auction Monday, as investors continued to pressure the eurozone's third largest economy to come up with reforms urgently. (AP Photo/Luca Bruno)

A man checks stock indexes on a screen of a bank in Milan, Italy, Monday, Nov. 28, 2011. For the second time in as many market days, Italy paid sharply higher borrowing rates in an auction Monday, as investors continued to pressure the eurozone's third largest economy to come up with reforms urgently. (AP Photo/Luca Bruno)

A man checks stock indexes on a screen of a bank in Milan, Italy, Monday, Nov. 28, 2011. For the second time in as many market days, Italy paid sharply higher borrowing rates in an auction Monday, as investors continued to pressure the eurozone's third largest economy to come up with reforms urgently. (AP Photo/Luca Bruno)

(AP) ? European leaders rushed Monday to stop a rampaging debt crisis that threatened to shatter their 12-year-old experiment in a common currency and devastate the world economy as a result.

One proposal gaining prominence would have countries cede some control over their budgets to a central European authority. In a measure of how rapidly the peril has grown, that idea would have been unthinkable even three months ago.

World stock markets, glimpsing hope that Europe might finally be shocked into stronger action, staged a big rally. The Dow Jones industrial average in New York rose almost 300 points. In France, stocks rose 5 percent, the most in a month.

More relevant to the crisis, borrowing costs for European nations stabilized. They had risen alarmingly in recent weeks ? in Greece, then in Italy and Spain, then across the continent, including in Germany, the strongest economy in Europe.

The yields on benchmark bonds issued by Italy and Germany rose, but only by hundredths of a percentage point. The yield fell 0.1 percentage point on bonds of France, 0.14 points for those of Spain and 0.22 points for Belgium.

Allowing a central European authority to have some control over the budgets of sovereign nations would create a fiscal union in Europe in addition to the monetary union of the 17 countries that share the euro currency.

Some analysts have said that would be a leap toward creating a United States of Europe. More delicately, it would force the nations of Europe to swallow their national pride, cede some sovereignty and agree to strengthen ties with their neighbors rather than fleeing the euro union during the crisis.

"The common currency has the problem that the monetary policy is joint, but the fiscal policy is not," Germany's finance minister, Wolfgang Schaeuble, said in a meeting with foreign reporters in Berlin.

The monetary union has existed since the euro was created in 1999, but the European Union, which includes the 17 euro nations and 10 others that use their own currencies, has no central authority over taxing and spending.

Countries like Ireland, Portugal, Spain, Greece and Italy overspent wildly for years and racked up annual budget deficits that have left them with monstrous debt. Italy holds euro1.9 trillion in debt, or 120 percent of the size of its economy.

A fiscal union could prevent excessive spending in the future. More important, it would be a step toward addressing today's debt crisis: It could provide cover for the European Central Bank to stage a massive intervention in the European bond market to drive down borrowing costs and keep the debt crisis under control.

So far, the ECB has resisted, in part because of concerns that bailing out free-spending countries would only encourage them to do it again, a concept known as moral hazard. Enforced budget discipline would ease those concerns.

A fiscal union would also pose a practical problem ? how to make such a body democratically accountable.

Another option is for the 17 nations in the euro group to sell bonds together, known as eurobonds, to help the countries in the deepest trouble because of debt. Germany has resisted such a plan, because it would raise borrowing costs for it and other nations that have good credit ratings.

While Europe buzzed over the possible solutions, finance ministers of the euro nations prepared for a summit beginning Tuesday evening in Brussels, to be joined the following day by ministers from the rest of the European Union.

Italy readied an auction of bonds designed to raise euro8 billion, or about $10.6 billion, and steeled itself for the high interest rates it will have to pay.

In Washington, President Barack Obama huddled with European Union officials, but the White House insisted Europe alone was responsible for fixing its debt problems.

Obama said failing to resolve the debt crisis could damage the U.S. economy, which has grown slowly since the end of the recession in June 2009 and still has 9 percent unemployment.

"If Europe is contracting, or if Europe is having difficulties, then it's much more difficult for us to create good here jobs at home," Obama said at an annual meeting between U.S. and EU officials.

Despite signs of possible progress on the debt crisis Monday, the euro has appeared to be in increasing danger the past few weeks. Experts said the currency could fall apart within days without drastic action, with consequences rivaling those of the 2008 financial crisis.

"Everyone knows that if the eurozone crashes the consequences would be very dramatic and in the race after that there would no winners, just losers," said Finland's finance minister, Jutta Urpilainen.

For countries that decided to leave the euro group and return to their own sovereign currency, the conversion would be wrenching.

If Germany broke away, for example, its national currency could rise in value quickly because the German economy is stronger than the European economy as a whole. But a stronger German mark would damage the German economy because Germany depends heavily on exports, and it would cost more for everyone else to buy German goods.

As for weaker countries that decided to leave, depositors would probably yank money out of their banks, fearing a plummeting currency. Savers in Greece would not want their euros replaced with, say, feeble drachmas.

If countries tried to repay their old euro debts with their own currencies, they'd be considered in default and would struggle to sell bonds in global financial markets. Corporations would face the same squeeze.

Overall, economists at UBS estimate, a weak country that left the eurozone would see its economy shrink by 50 percent.

Currency chaos and defaults by governments and companies would weaken European banks and also cause them to stop lending to each other. Because banks are connected globally, a credit freeze in Europe would spread. As it did in 2008, a credit freeze would cause stock markets to sell off worldwide, and another deep recession would probably follow.

Wolfgang Munchau, a columnist for the influential Financial Times newspaper, wrote Monday that the common currency "has 10 days at most" to avoid collapse. He called for decisions on a fiscal union and the creation of a powerful common treasury.

Unlike the United States, which has centralized institutions in Washington for raising taxes and spending money, the euro nations have 17 independent treasuries with little oversight from Brussels, the headquarters of the EU.

That would change under the fiscal union proposal being aired ahead of another summit of EU leaders that begins Dec. 9. Ten nations in the EU do not use the euro currency, most notably Britain.

While not explicitly backing a fiscal union, Germany and France have promised to propose measures that will make the 17 euro countries operate under strict and enforceable rules, so that no single country can wreak continent-wide damage.

Already, the Organization for Economic Cooperation and Development, an international group devoted to economic progress, warned that the global economy would be rocky in coming months.

In its six-month report Monday, it said the continued failure by EU leaders to stem the debt crisis "could massively escalate economic disruption" and end in "highly devastating outcomes."

The latest turmoil came last week, after Germany tried to auction $8 billion worth of its national bonds and could persuade investors to buy only $5.2 billion. It was a sign that even mighty Germany was not immune from the debt crisis.

Investors around the world will watch the Italian bond auction Tuesday. If it receives a similarly poor reception, more European countries will be in danger of being locked out of the international bond market.

Exactly how a fiscal union would take shape in Europe is an open question.

Schaeuble, the German financial minister, said the proposal would require passage only by the 17 countries that use the euro currency. The other 10 countries in the EU, such as Britain, Poland and Sweden, could adopt it if they wanted to.

But analysts said such a move would take a long time to come to fruition.

"We do seem to be moving slowly towards more of a fiscal union but at a pace that may result in all the components being put in place after a complete meltdown of the financial system," said Gary Jenkins, an economist with Evolution Securities.

Many think the ECB is the only institution capable of calming frayed market nerves. But Merkel, the German chancellor, has continually dismissed the prospect of a bigger role for the ECB.

____

Pylas reported from London and Wiseman from Washington. Melissa Eddy, Juergen Baetz, Kirsten Grieshaber and David Rising in Berlin, and Matti Huuhtanen in Helsinki contributed to this story.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2011-11-28-EU-Europe-Financial-Crisis/id-402ec40052f24778a91bae5ab51830a7

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Arabs impose sanctions on Syria over crackdown (Reuters)

CAIRO (Reuters) ? Arab states voted Sunday to impose economic sanctions on Syria immediately, in response to President Bashar al-Assad's failure to halt a violent crackdown on an eight-month uprising against his rule.

Qatar said that if Arab nations failed to resolve the crisis, other foreign powers might intervene.

Nineteen of the Arab League's 22 members voted for sanctions that include a travel ban on senior Syrian officials, freezing Syrian government assets, halting trade dealings with the central bank and stopping Arab investment.

"The decision should be executed immediately, starting today," Qatari Prime Minister and Foreign Minister Sheikh Hamad bin Jassim al-Thani told a news conference after he chaired a meeting of Arab foreign ministers in Cairo.

The Arab League has for decades avoided imposing sanctions its members but has been spurred into action by the scale of bloodshed during Syria's crackdown and by the failure by Damascus to implement an Arab peace plan.

The Arab peace plan called for sending in Arab monitors, withdrawing Syrian troops from residential areas and starting talks between the government and opposition. Damascus ignored several Arab League deadlines.

Arabs have said they want a regional solution and do not want foreign intervention in Syria. France became the first major power to seek international involvement last week when it called for "humanitarian corridors" to protect civilians.

Sheikh Hamad said foreign powers might intervene if they did not consider Arabs "serious" in their bid to end the crisis.

"All the work we are doing is to avoid this interference," he said, adding that the League could itself seek international intervention "if the Syrians do not take us seriously."

Hundreds of people, including civilians, soldiers and army deserters, have been killed in Syria this month, in unrest inspired by uprisings that overthrew leaders in Tunisia, Egypt and Libya.

The new sanctions could plunge Syria deeper into economic crisis, although the League said measures were not intended to hurt ordinary people.

"This is a very sad and unfortunate day for me," the Qatari minister said. "I had hoped the Syrian brothers ... would stop the violence and release the political detainees."

Qatar has been at the forefront of the drive to end the violence, backed by other Gulf Arab states such as Saudi Arabia which have long been frustrated by Syria's alliance with Riyadh's regional rival Iran.

Lebanon, which for years had a Syrian military presence on its soil, voted against sanctions, as did Iraq, which neighbors Syria and Iran. Baghdad had said before the meeting it would not impose sanctions.

"Iraq has reservations about this decision. For us, this decision ... will harm the interests of our country and our people as we have a large community in Syria," Iraqi Deputy Foreign Minister Labeed Abbawi told Reuters.

Non-Arab Turkey attended the Cairo meeting. Foreign Minister Ahmed Davutoglu said Ankara would act in unison with Arabs.

"When civilians are killed in Syria and the Syrian regime increases its cruelty to innocent people, it should not be expected for Turkey and the Arab League to be silent," Davutoglu said, according to Turkey's state news agency.

"We hope the Syrian government will get our message and the problem will be solved within the family," he said, adding that the region did not want a repeat of events in Iraq and Libya, two states where international powers intervened.

During Libya's uprising, an Arab League call for an no-fly zone led to a U.N. Security Council resolution, which in turn paved the way for NATO air strikes on Muammar Gaddafi's forces.

(Additional reporting by Suadad al-Salhy in Baghdad, Seda Sezer in Istanbul and Tom Perry in Cairo; Writing by Edmund Blair)

Source: http://us.rd.yahoo.com/dailynews/rss/economy/*http%3A//news.yahoo.com/s/nm/20111127/ts_nm/us_syria

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Looking for literate roleplay partner

Status: Always Looking and can play any gender!
What I am looking for: Mostly Anime (maybe an origanal or two) and 1x1's only!

Hello, you can call me Midnight or
whatever you want to call me!
That being said I'm a friendly and easy going person
and quite difficult to annoy - and I'm sorry if I
sound too serious on this search thread!
Just trying to get to the point :-]

I am looking for someone to do any
of these anime/manga with me!
I'm hoping that whomever I roleplay
with has read the manga and watched the anime.
At least have watch the anime and
not come to me clueless!

__________________________________________________________________________________________________________________________

I am open to:

????=Craving!!
???=I like it!
??=You may need to convince me.
?= Not in the mood for it, but it's not an absolute no. Present to me a good plot.

If the title is crossed out then it's a no or I'm already roleplaying it.

-Bleach????
OC x OC (Preferable)
Canon x OC
Canon x cannon (May say no to the pairing you suggest
if I don't like it - same goes for any canon x canon pairing!)[/align]

- Soul Eater
???
OC x OC
Canon x canon

-Inuyasha
???

OC x OC

- Fruits Basket
???
OC x OC

-Pokemon
????
For this one, I only require the general knowledge of Pokemon.
I haven't seen any of the anime except the original.
I know all generations as far as games and regions go.

OC x OC

-D.N Angel
??
Canon x OC
Canon x Canon

-Ouran High School Host Club
???

OC x Canon

-Fullmetal Alchemist (Original Anime)
???

OC x Canon
OC x OC

__________________________________________________________________________________________________________________________

A Other Fandoms

-Harry Potter
???

OC x OC

-Something Disney?
???

Little Mermaid
Lion King
Beauty and the Beast

__________________________________________________________________________________________________________________________

A Couple Originals With originals, I'm only looking for fantasy.

Vampire x Vampire

Vampire x Another race

Elemental x Elemental

Magical Creature x Magical Creature

Suggest something??

__________________________________________________________________________________________________________________________

I'm searching for someone who is literate,
good with grammar and someone who isn't
afraid to write long posts because I love writing.
And depending on how inspired I am, I can write
any where from 4-10 paragraphs. Or if you want
word count, my posts can go anywhere from 800-1500,
although it really depends on how inspired I am by
the rp, or better yet what you give me. I have been
roleplaying for over ten years, so I have plenty
experience to satisfy your roleplaying needs!

Here are my samples and I'd appreciate seeing some of yours <3

__________________________________________________________________________________________________________________________

A few rules, just a few! And please read them!

Once again, sorry if I sound too serious!

?Romance is NOT a must. I don't like starting off by saying my character will fall in love with your character. I also don't try and mold my characters into a perfect someone for your character. If our characters fall for each other, they fall. If not, they don't! End of story! I also will NOT do love at first sight. It's called character development and love at first sight doesn't fit into character development's definition.

?OOC chat is required <3

?I only roleplay on threads!

?Be able to provide me with 600 words or more - no less. I take quality over quantity for sure, but if you can't stick to at least 600 words or more, then we aren't meant to be! I'm getting strickter - sorry! I'm looking for someone who is able to keep up with my writing...

?Be nice.

?Proper Grammar

?If we do a canon x OC, then doubling is a must.

?no one liners, I'm warning you now. I will drop the roleplay - as harsh as it sounds.
I just can't work with one liners.

?I will go only as far as doubling - no more. And keep in mind that it is only Canon x OC that I double.I will have one canon and one OC if we double. With everything else we have one main character and the rest of ours are side characters.

?I refuse to go into a roleplay without first coming up with a plot
. And I refuse to come up with a plot all by myself unless
I already have a plot for that subject.

__________________________________________________________________________________________________________________________

Will:

-Do Heterosexual roleplays
-Do homosexual roleplays (and for the sake of my sanity don't call it yuri or yaoi! I will ignore you out of pure annoyance!)
-Play females and males
-Will contribute to the plot.
-Is up for suggestions - as in if you don't see an anime (or other fandom) up there that you know/like, throw in something! I may or may not know/like what you suggest!
-I am open to any original roleplay setting, just suggest!

Wont's:

-Naruto (Sorry, don't know it!)
-Roleplay with someone who doesn't help contribute to the plot.
-Won't roleplay with someone who does one liners.
-Bestiality
-Any strange fetish for that matter.
-Anime in which I've never heard of before.
-Twilight (Don't even ask.)
-Roleplay via any sort of messenger.

I think that's it.

I really hope you're interested! PM me if you are!

Source: http://feedproxy.google.com/~r/RolePlayGateway/~3/NUzDFzeLBfU/viewtopic.php

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NY judge rejects $285M SEC-Citigroup agreement

FILE - In this Nov. 23, 2010 file photo, the corporate logo for Citigroup is shown, in New York. A federal judge on Monday, Nov. 28, 2011, struck down a $285 million settlement that Citigroup reached with the Securities and Exchange Commission, saying he couldn't tell whether the deal was fair and criticizing regulators for shielding the public from the details of what the firm did wrong. (AP Photo/Mark Lennihan)

FILE - In this Nov. 23, 2010 file photo, the corporate logo for Citigroup is shown, in New York. A federal judge on Monday, Nov. 28, 2011, struck down a $285 million settlement that Citigroup reached with the Securities and Exchange Commission, saying he couldn't tell whether the deal was fair and criticizing regulators for shielding the public from the details of what the firm did wrong. (AP Photo/Mark Lennihan)

(AP) ? A judge on Monday used unusually harsh language to strike down a $285 million settlement between Citigroup and the Securities and Exchange Commission over toxic mortgage securities, saying he couldn't tell whether the deal was fair and criticizing regulators for shielding the public from details of the firm's wrongdoing.

U.S. District Judge Jed Rakoff said the public has a right to know what happens in cases that touch on "the transparency of financial markets whose gyrations have so depressed our economy and debilitated our lives." In such cases, the SEC has a responsibility to ensure that the truth emerges, he wrote.

Rakoff said he had spent hours trying to assess the settlement but concluded that he had not been given "any proven or admitted facts upon which to exercise even a modest degree of independent judgment."

He called the settlement "neither fair, nor reasonable, nor adequate, nor in the public interest."

The SEC shot back in a statement issued by Enforcement Director Robert Khuzami, saying the deal was all four of those things and "reasonably reflects the scope of relief that would be obtained after a successful trial."

SEC Chairman Mary Schapiro, meanwhile, sent a letter to a key senator Monday asking for Congress to expand the agency's authority to fine companies and individuals. She is seeking to raise the limits on fines under current law and make other changes.

Such changes would "further enhance the effectiveness of the (SEC's) enforcement program," Schapiro told Sen. Jack Reed, D-R.I., who heads the Senate Banking subcommittee on securities.

The SEC had accused Citigroup of betting against a complex mortgage investment in 2007 ? making $160 million in the process ? while investors lost millions. The settlement would have imposed penalties on Citigroup but allowed it to deny allegations that it misled investors.

Citigroup said in a statement that it disagreed with Rakoff because the proposed settlement was "a fair and reasonable resolution to the SEC's allegation of negligence" and was consistent with long-established legal standards.

"In the event the case is tried, we would present substantial factual and legal defenses to the charges," it added.

This wasn't the first time that the judge struck down an SEC settlement with a bank, and Rakoff has made no secret of his disdain for settlements between the government agency and banks for paltry sums and no admission of guilt.

"The SEC's longstanding policy ? hallowed by history, but not by reason ? of allowing defendants to enter into consent judgments without admitting or denying the underlying allegations, deprives the court of even the most minimal assurance that the substantial injunctive relief it is being asked to impose has any basis in fact," he wrote in Monday's decision.

Adam Pritchard, a professor of securities law at the University of Michigan Law School, said courts could become clogged with cases that would normally be settled if other judges adopt Rakoff's reasoning and deprive companies of their incentive to avoid trial.

He called it a powerful SEC tool to encourage settlements "and Judge Rakoff is taking that away from them."

The SEC's consent judgment settling the case was filed the same day as its lawsuit against Citigroup, the judge noted.

"It is harder to discern from the limited information before the court what the SEC is getting from this settlement other than a quick headline," the judge wrote.

"In much of the world, propaganda reigns, and truth is confined to secretive, fearful whispers," Rakoff said. "Even in our nation, apologists for suppressing or obscuring the truth may always be found. But the SEC, of all agencies, has a duty, inherent in its statutory mission, to see that the truth emerges; and if it fails to do so, this court must not, in the name of deference or convenience, grant judicial enforcement to the agency's contrivances."

He set a July 16 trial date for the case.

Khuzami said in the SEC statement that Rakoff made too much out of the fact that Citigroup did not have to admit wrongdoing. He said forcing Citigroup to give up profits, pay fines and face mandatory business reforms outweigh the absence of an admission "when that relief is obtained promptly and without the risks, delay and resources required at trial."

Khuzami added: "Refusing an otherwise advantageous settlement solely because of the absence of an admission also would divert resources away from the investigation of other frauds and the recovery of losses suffered by other investors not before the court."

Rakoff said the power of the judiciary was "not a free-roving remedy to be invoked at the whim of a regulatory agency, even with the consent of the regulated."

He added: "If its deployment does not rest on facts ? cold, hard, solid facts, established either by admissions or by trials ? it serves no lawful or moral purpose and is simply an engine of oppression."

In the civil lawsuit filed last month, the SEC said Citigroup Inc. traders discussed the possibility of buying financial instruments to essentially bet on the failure of the mortgage assets. Rating agencies downgraded most of the investments just as many troubled homeowners stopped paying their mortgages in late 2007. That pushed the investment into default and cost its buyers' ? hedge funds and investment managers ? several hundred million dollars in losses.

Earlier this month, Rakoff staged a hearing in which he asked lawyers on both sides to defend the settlement.

At the hearing, Rakoff questioned whether freeing Citigroup of any admission of liability could undermine private claims by investors who stand to recover only $95 million in penalties on total losses of $700 million.

In his decision, he called the penalties "pocket change" to a company the size of Citigroup and said that, if the SEC allegations are true, then Citigroup got a "very good deal." If they are untrue, the settlement would be "a mild and modest cost of doing business," he said.

In 2009, Rakoff rejected a $33 million settlement between the SEC and Bank of America Corp. calling it a breach of "justice and morality." The deal was over civil charges accusing the bank of misleading shareholders when it acquired Merrill Lynch during the height of the financial crisis in 2008 by failing to disclose it was paying up to $5.8 billion in bonuses to employees even as it recorded a $27.6 billion yearly loss.

In February 2010, he approved an amended settlement for over four times the original amount, but was caustic in his comments about the $150 million pact, calling it "half-baked justice at best." He said the court approved it "while shaking its head."

Citigroup's $285 million would represent the largest amount to be paid by a Wall Street firm accused of misleading investors since Goldman Sachs & Co. agreed to pay $550 million to settle similar charges last year. JPMorgan Chase & Co. resolved similar charges in June and paid $153.6 million.

All the cases have involved complex investments called collateralized debt obligations. Those are securities that are backed by pools of other assets, such as mortgages.

Rakoff's ruling Monday was the latest in a series of setbacks for the SEC under Schapiro's leadership. Rakoff has said he doesn't believe the agency has been sufficiently tough in its enforcement deals with Wall Street banks over their conduct prior to the financial crisis.

The SEC told Rakoff recently that $285 million was a fair penalty, which will go to investors harmed by Citigroup's conduct, and that it was close to what the agency would have won in a trial.

___

AP business writers Pallavi Gogoi in New York and Marcy Gordon in Washington contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2011-11-28-SEC-Citigroup/id-049ae0d56f71423ab6f49de4bae68fce

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Paterno undergoing cancer treatment

STATE COLLEGE, Pa., Nov. 27 (UPI) -- Former Penn State football Coach Joe Paterno has started treatment for lung cancer and is doing well, his son said.

Jay Paterno, Penn State's quarterbacks coach, said his father has been "handling it very well" since he began therapy for a cancer that doctors said earlier this month was treatable.

Paterno revealed he was stricken with the disease amid the turmoil of the sexual-abuse scandal that broke with the arrest of former Penn State assistant coach Jerry Sandusky.

Jay Paterno told the Philadelphia Inquirer the end of the Nittany Lions season -- barring a bowl bid -- would give him more opportunity to focus on his dad's current ordeal.

"We'll meet (Sunday) and go over some things, and get ready to go do some recruiting next week," Paterno said. "I'll get to spend some time with my kids and get to kind of deal with this, because I haven't had a chance to with everything that's happened."

Source: http://www.istockanalyst.com/article/viewarticle/articleid/5565306

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Monday, November 28, 2011

Legal Theory Blog: Legal Theory Lexicon: Utilitarianism

Introduction

This installment of the?Legal Theory Lexicon?is an introduction to utilitarian moral and political philosophy tailored to law students (especially first-year law students) with an interest in legal theory.

Law students learn early on that classroom discussion of cases and statutes may begin with questions about?what the rule is?but is likely to turn to questions about?what the rule should be. And in most law school classrooms, analysis of the ?should? question is likely to go down one of two paths. The first path leads to?fairness?(which outcome in this case is fair to the parties; which rule will produce fair results in the future). The second path leads to?policy?(which rule will produce the best consequences in the future). Theories about fairness will be covered in future installments of the?Legal Theory Lexicon; today, we focus on arguments of policy and the theoretical question, ?What does it mean to say that a rule would produce the best consequences?? One answer to that question is ?utilitarianism,? a theory of enormous interest and influence. But what exactly is ?utilitarianism? and how might it be criticized or defended?

What is ?utilitarianism??

Just about every law student has some basic familiarity with the idea of utilitarianism, but unless you were a philosophy or economics major, you may have only a fuzzy notion of what this term really means. (And by the way, philosophers and economists use the term "utilitarian" in slightly different ways.)? In this history of moral philosophy, utilitarianism is strongly associated with two historical figures, Jeremy Bentham and John Stuart Mill. Mill?s views are important and deeply interesting, but they are also extremely difficult to sort out properly. Jeremy Bentham, however, provides a wonderful entr?e into the world of utilitarian moral and political philosophy. Law students should be especially fond of Bentham, because with only a bit of exaggeration, we can say than Bentham is the original disgruntled law student. Bentham, you see, was highly displeased with William Blackstone?s lectures on law at Oxford University. The common law, Bentham thought, was a disorganized body of archaic and dysfunctional rules. Common-law judges irrationally worshiped historical pedigree and had an immoral disregard of the consequences of legal rules.

Legal rules, Bentham believed, should be codified, and the codes should be written so as to produce ?the Greatest Good, for the Greatest Number.? That is, we should adopt those legal rules that will?maximize utility.

Consequentialism

Utilitarianism is just one member of a more general family of moral theories, which we might call ?consequentialism.? Consequentialism is the view that morality is about consequences of decisions. Utilitarianism is a particular form of consequentialism, but not the only form. Consequentialism is sometimes contrasted to?deontology, where deontological moral and political theories maintain that there are moral rules or principles, the violation of which cannot be justified on the ground that good consequences would result. Thus, a consequentialist might believe that one may tell lies, break promises, or injure innocent persons in order to accomplish a greater good, whereas a deontologist might believe that such actions are forbidden--even if good consequences will result. ?Both consequentialism and deontology are contrasted to?aretaic (or virtue-centered) moral theories.

Disambiguating Utilitarianism

Let?s pause for a moment. It turns out that ?utilitarianism,? the term, refers to many different interrelated theories. ?Utilitarianism? is ambiguous, and so we need to specify what we mean by utilitarianism by answering some questions:

  • What is utility? That is, when we say, the greatest ?good? for the greatest number, what do we mean by ?good??

  • What is scope of decision? That is, what should maximize utility, individual actions, general rules, principles, or something else?

  • What does it mean to maximize utility?

  • Does the rightness of an action depend on actual or expected utilities?

What is utility?

What is utility? What is a good consequence? Or to use a bit of jargon, what is a ?utile,? where the word ?utile? stands for a unit of utility? There are many possible answers to this question, but here are three versions of utilitarianism that give three different answers to this question:

    Hedonistic Utilitarianism.?Bentham himself believed that utility was pleasure and the absence of pain. Suppose it were possible to measure and quantify pleasures and pains. We might then call one unit of pleasure a positive ?hedon? and one unit of pain a negative ?hedon.? Maximizing utility then, would simply be to maximize the sum of hedons. When we evaluated legal rules, we would engage in what Bentham called a ?hedonic calculus.?

    Eudaimonistic Utilitarianism.?But is the good really just a matter of pleasures and pains? Many of Bentham?s critics argued that not all pleasures are good. Would you really want to live your life carrying around a device that constantly stimulated the pleasure center of your brain and suppressed the pain center? Rather than maximize pleasure, we might instead maximize ?happiness??eudaimonia in ancient Greek. Happiness may be related to pleasure, but it includes more abstract satisfactions. Climbing a mountain may involve much more pain than pleasure, but this activity may still contribute to the happiness of the climber.

    Preference-Satisfaction Utilitarianism.?But if happiness seems a better candidate for ?good? than pleasure, there are difficulties with the proposition that the law should maximize ?happiness.? Happiness is notoriously difficult to define, and different persons have different views about what makes for a happy life. Moreover, happiness, like pleasure, is difficult to measure directly. For these reasons and others, some utilitarian theorists (especially economists) substitute ?preference? for happiness as the ?good? to be maximized. Preferences can be measured in a variety of ways. For example, we can ask individuals to simply rank order their preferences among various states of affairs, giving us an?ordinalutility function for the individual. Economists have devised a variety of techniques for translating these rank orderings (1st best, 2nd best, etc.) into numerical values. Thus, we can construct a?cardinal?utility function for an individual. Because preference-satisfaction is measurable, most economists use a preference-based conception of utility. And because of the influence of economics on legal theory, this form of utilitarianism has had the greatest impact on contemporary legal theory as well.

There are other versions of utilitarianism, but you get the idea.

Scope of Decision

So let?s assume we have a working conception of utility. Our next question is:?What exactly is the decision that is supposed to maximize utility??Is each individual action required to maximize utility? Or is it general rules that we are concerned with? Or principles? Or something else? I am going to call this question, the?scope of decision?question. Different forms of utilitarianism give different answers to the scope of decision question. Let?s take a quick look at some of the possibilities:

  • Act Utilitarianism.?(abbreviated?AU) The first possibility is that each individual?action?should maximize utility. Given this answer to the scope of decision question, we might formulate utilitarianism as follows:

      Act so that your action maximizes utility as opposed to any alternative action that you could perform.

    Suppose, for example, that you must decide whether to break or keep a promise to have lunch with a friend. You would ask yourself, ?Would keeping my promise produce greater utility than breaking it?? Thus, you would consider the costs of your decision, such as: (1) your friend will be hurt, (2) you will miss out on the satisfaction of having lunch with your friend, and (3) your friend may not trust your promises in the future if you break this promise. And you would consider the benefits, such as: (1) you will be able to use a free ticket to go to the baseball game if you break the promise, and (2) you will not have to listen to your friend's boring stories. You then add the utilities for each action, and choose the action that produces the greatest utility.
  • Rule Utilitarianism.?(abbreviated?RU) The case of promises reveals a potential problem with AU. If I calculate utilities every time, I decide whether to break or keep a promise, my promises may not be viewed by others as trustworthy. And if my promises are not trustworthy, then I will not be able to use the institution of promising to coordinate my behavior with that of other people. But the ability to coordinate through promises produces good consequences. One way out of these difficulties is to shift the scope of decision from individual actions to general rules. Thus, although the individual actions of breaking my promise might maximize utility as compared to the alternative, the general rule, ?keep your promises,? might produce more utility than the alternative rules, such as ?keep your promises, but only when there is nothing better to do.?

Rule utilitarianism itself has two important subvariants, and we can add a third, specifically legal, variant as well:

Ideal Rule Utilitarianism?(IRU) says that you should act in accordance with the set of ?ideal rules? that would maximize utility if everyone were actually to act in conformity with the rules.

Actual Rule Utilitarianism?(ARU) says that you should act in accord with the set of ?actual rules? that would maximize utility if it were adopted as the moral code of a real society in which persons will sometimes fail to live up to the requirements of the moral code.

Legal Rule Utilitarianism?(LRU) responds to an obvious fact about the application of utilitarianism to the law. The law is concerned with individual acts (e.g. an individual judge's decision in an individual case at the trial level), but it is also concerned with rule-creating acts (e.g. the decision of a legislator to vote for or against a given bill). So it is reasonable for legal theorists to advance a more specialized version of utilitarianism, which we can call "Legal Rule Utilitarianism," as a theory about legal rules. Notice, however, that LRU will have a set of variants. So we can distinguish the utility of an?ideal system?of legal rules (with perfect compliance) versus an?actual system?of legal rules (with disobedience and enforcement costs) versus a?single nonideal actual rule?(where the status quo system of rules is assumed and we look at the utility of changing only a single rule).

  • Utilitarian Generalization?(abbreviated?UG) There is one more answer to the scope of decision problem that is worth mentioning. UG is the view that one should act on the basis of principles (or maxims) that would produce the greatest utility if they were generalized (e.g. we acted upon by everyone. Because this form of utilitarianism, plays very little role in legal thought, I won't discuss it further.

What does it mean to maximize utility?

There is yet another ambiguity about utilitarianism that is really important to its application. What does "the?greatest?good for the?greatest?number" mean? Alternatively, what does it mean tomaximize?utility? This is a really complex topic. Right off the bat, it has both an intrapersonal and interpersonal dimension. To simplify, I will focus on the interpersonal problem. Let's assume we have utility values for individuals. What do we do with them? You may think the answer is obvious, "Add them up!," but it isn't so easy. Here are some alternatives:

  • Classical Utilitarianism.?"Add them up" is the classic answer. That is, we simply sum individual utilities. Sometimes this is called the "utilitarian social welfare function" by economists.?This can lead to some confusion as this is what some economists think the term "utilitarianism" means.
  • Average Utilitarianism.?But we could average rather add. That is, we could take the sum of individual utilities and divide by the number of persons.?You, gentle reader, undoubtedly have run way ahead of me and seen that this will make a big difference to things like population policy.?We might have a choice between a larger population with a lower average utility but a greater sum, and a smaller population, with a higher average, but a lower sum.
  • Bernoulli-Nash?John Nash (of?A Beautiful Mind?fame) is associated with another alternative. We might multiply rather than add utilities. I won't go into the reasons why this might be a good idea, except to tell you that multiplication makes more sense if we our utility values for individuals are relative rather than absolute.

Actual or Expected Utilities

We rarely know with certainty what consequences will result from actions or rules. Utilitarianism might look to the actual consequences of rules. If so, then some actions that looked right at the time will turn out to be very wrong, because of some unanticipated effect of the action. The alternative is to say that the rightness or wrongness of an action depends on its expected consequences. Given the phenomenon of uncertainty, a given action may lead to several different possible future states of the world. If we could assign a probability to each state, then the expected consequences of a given action could be calculated by taking the product of the utility value for the state and the probability that the state will coming into being. Take the following choice situation:

Action A has a 50% chance of producing a utility of 10 and a 50% chance of producing a utility of 0. Since .5*10 + .5*0 = 5, the expected utility of action A is 5.?

Action B has a 90% chance of producing a utility of 0, and a 10% chance of producing a utility of 100. Since .9*0 +.1*100 = 10, the expected utility of action A is 10.

And since 10 > 5, action B has the greater expected utility. Of course, it may turn out that action B produces a utility of zero, but if what counts is expected utility, then this?ex postfact is irrelevant to the?ex ante?moral evaluation of actions A and B.


Some Objections to Utilitarianism

Utilitarianism is an enormously controversial view, with adamant defenders and critics. It is worth our while to examine a few of the most prominent objections, but we will only be sliding across the surface of a deep and complex topic.

The Rights Objection.?Utilitarianism evaluates actions on the basis of the consequences they produce, and therefore does not?require?respect for moral or legal rights. The literature is full of hypotheticals in which utilitarianism is alleged to justify intuitively unattractive rights violations. Suppose, for example, the slavery is contrary to a moral right, but that in a particular society, enslaving a small minority of the population would produce greater utility for the majority than it produced disutility for the enslaved minority. If these facts were true, the utilitarianism seems to say that slavery would be morally required. But most people would disagree, saying that slavery cannot be justified simply because it produces good consequences: ?We have a moral right not to be enslaved." Utilitarians are likely to get quite huffy when this argument is made. They may say, ?But slavery does?not?produce good consequences. It produces bad consequences, and that?s why we think slavery is so awful.? And then the critic might say, ?But suppose slavery did produce good consequences, what then?? You can see how this debate could go on for quite some time before we made any progress. Notice, however, that act utilitarianism seems more open to the rights objection than does rule utilitarianism. Rules against rights violations may produce good consequences, even if individual acts of rights violation could be justified on utilitarian grounds.?

The Self-Defeating Objection. Another objection is that utilitarianism may be self-defeating or self-effacing. Suppose that everyone tried to deliberate as a utilitarian. It might turn out that nonetheless they would make decisions that led to bad consequences. For example, some people may be extremely bad at predicting the consequences of their actions. Others may systematically overestimate their own utilities while systematically underestimating those of others. One answer to this objection is famously associated with the British moral philosopher R.M. Hare. Hare proposed a two-level theory of morality. Utilitarianism, Hare argued, operates at the level of detached moral theorizing. Ultimately, an action is deemed good or bad based on its utility. But ordinary moral deliberation, Hare continued, operates at a different level. Ordinary folks should deliberate on the basis of moral rules of thumb, such as keep your promises, don?t steal, and don?t enslave your enemies when you vanquish them. As you might guess, there are many criticisms of two-level theories, but you get the general idea.

The Impossibility of Interpersonal Utility Comparisons.? This one gets very complicated, very fast. So let me just state the general idea. Suppose we are trying to add up individual utilities for everyone in society. How do we come up with values that are truly comparable across persons. That is, how do we know that X amount of my pleasure or happiness or preference satisfaction is equal to Y amount of yours? This problem is especially vexing for economists (who need to be able to translate utility into values that are susceptible of mathematical treatment).? One solution is simply to limit the conclusions of economics to cases that involve making everyone better off or that make at least one person better off and no one worse off?hence obviating the need for interpersonal comparisons: for more on this, see?Legal Theory Lexicon 060: Efficiency, Pareto, and Kaldor-Hicks.

The Demandingness Objection
.? The list of objections goes on and on, but let?s do just one more. It is frequently argued that utilitarianism (especially act utilitarianism) is?too demanding.?Why?

Imagine that it is your day off. You have two choices. You can either read a novel or your can work for Oxfam. If you read a novel, you will produce some positive utility?your enjoyment of the novel. But if you worked for Oxfam, you would save 1.7 starving children in the third world from death. Well, of course, you should work for Oxfam. But the problem is that it will always be the case that I could produce more utility for others if I dedicated my time to helping the least fortunate. Utilitarianism seems to require me to work for Oxfam after work and to stay up as late as I possibly can. In fact, I may be able to maximize utility by neglecting my health and family. If this is true, many would find utilitarianism too demanding and hence implausible.? There are various answers to this objection, but some utilitarians embrace demandingness, arguing that most affluent persons do have very demanding moral obligations.


Utilitarianism and Legal Theory?

In the law, utilitarian thinking is most associated with normative law and economics. It is useful to review the various forms of utilitarianism in this context:


--Normative law and economics uses?preferences?rather than pleasure or happiness as its concept of utility.?

--Normative law and economics usually assumes that the system of legal rules (as opposed to individual actions or ideal moral rules) provide the relevant scope of decision.

--Normative law and economics usually assumes that utilities are to be summe?although this issue is rarely addressed in any detail.

--Normative law and economics usually assumes that it is expected utilities, rather than actual utilities, that are to be maximized.


If you are interested in the relationship between utilitarianism and legal theory, you will definitely want to check out Kaplow and Shavell?s book,?Fairness versus Welfare. Kaplow and Shavell don?t take a stand on the question as to whether utilities should be summed, multiplied, or combined in some other way, but they do offer a trenchant defense of consequentialism as well as an attack on nonconsequentialist approaches to legal theory.?

Related Legal Theory Lexicon Entries

Links to Other Resources on the Web

Bibliography

The literature on utilitarianism is vast, but here are some good starting points:

(This post was last modified on November 27, 2011.)

Source: http://lsolum.typepad.com/legaltheory/2011/11/legal-theory-lexicon-utilitarianism.html

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