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August 28, 2006

Undervaluing Fun

Via Stuart Buck, I came across this attack on school-funded computers. I have criticized government-laptop-handouts before, but like other attacks on such programs, this one seems to go overboard in places. For example:

(Maybe the most insidious effect of computers in the classroom is that they encourage the moronic sentiment that learning can be "fun" – is this a culture that undervalues fun and overvalues hard work?)

In a word, yes.

Not only can learning be fun, but it frequently is. And there is in our culture a depressingly dominant vein of thought that fails to demand that nearly all of ones work and education (which is a form of work) be fun, thrilling, and hedonic. The vast majority of even quite intelligent and fortunate people work relatively long hours at jobs that they do not particularly enjoy in order to earn money to spend on enjoyment in their scant leisure time. While this is sometimes a quite reasonable choice, I do think it is symptomatic of our collective undervaluing of fun-- it is quite reasonable to strive for a life of muscular, diverse and basically endless enjoyment.

For more, see this classic post by Carina:
A professor once asked me, apropos of why I don't party or why I spent Friday nights in the library or some such thing, what I thought I was, some sort of ascetic? I said that no, I was actually a hedonist. We just had very different ideas of fun.



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Hi Again!

So, I'm Raffi. Those of you who've read Crescat for more than a year might remember that I spent much of law school writing about food and various other things on this blog, and on my own Waddling Thunder. For the last year, I've been clerking at the Delaware Court of Chancery, and thus haven't blogged. I can't possibly say enough good things about that experience. Everyone should clerk. Even those misguided enough to clerk at a federal court.

I finished clerking last week. In October, I'll start practicing corporate law at my Big Law Firm in New York. Åt least until then, I'm going to blog. And I ought to have plenty of things to blog about. Next week, I leave for a short stay in Iceland, with an old college friend. Afterwards, I'm off to Paris for three weeks, including a week at the Ecole Ritz Escoffier, a legitimate, professional, culinary school. When I'm not at the Ritz Escoffier, I'll be attending the morning demonstrations (three hour lectures, for students, but open to the public) at Le Cordon Bleu, the other big culinary school in downtown Paris.

I'm also going to eat, obviously, and I think I've got a short stint at a bakery lined up too. Of course, I've also got plenty of non-privileged things to say about clerking, and about other things that have been percolating. Plus, who knows what else.

Anyway, I'm glad to be back online. This is a fun medium, and I missed it. I hope people enjoy my efforts for the next month or so.



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Scientific Irresponsibility?

The last time anybody at this blog opened up a discussion about evolution, we were swamped with a very odd array of very argumentative commenters, probably a result of this blog's odd position in the network of the blogosphere. In any case, Jonathan Adler and Jim Chen explore whether Justice Scalia's dissent from the denial of cert. in Tangipahoa v. Freiler is "The most scientifically irresponsible" passage in the U.S. Reports. It's this that they don't like:

The only aspect of the disclaimer that could conceivably be regarded as going beyond what the rehearing statement purports to approve is the explicit mention–as an example–of “the Biblical version of Creation.” To think that this reference to (and plainly not endorsement of) a reality of religious literature–and this use of an example that is not a contrived one, but to the contrary the example most likely to come into play–somehow converts the otherwise innocuous disclaimer into an establishment of religion is quite simply absurd.

In Epperson v. Arkansas, 393 U.S. 97 (1968), we invalidated a statute that forbade the teaching of evolution in public schools; in Edwards v. Aguillard, 482 U.S. 578 (1987), we invalidated a statute that required the teaching of creationism whenever evolution was also taught; today we permit a Court of Appeals to push the much beloved secular legend of the Monkey Trial one step further. We stand by in silence while a deeply divided Fifth Circuit bars a school district from even suggesting to students that other theories besides evolution–including, but not limited to, the Biblical theory of creation–are worthy of their consideration. I dissent.

Now, I believe that the theory of evolution is eminently correct in most particulars, and that "the Biblical version of Creation" simply fails to describe the facts of the matter. But I think Adler and Chen are being too hard on Scalia. So far as I can tell, the relevant legal question (which theories about the creation of man a school district can be required to teach) simply doesn't depend on which theories about the creation of man are in fact true. And the line about the "much beloved secular legend of the Monkey Trial" is too cryptic to support a charge of scientific irresponsibility. As the commenters to Jonathan Adler's post point out, the Scopes Trial has become a secular legend, with lots of people glossing over the collusive nature of the litigation, the racist/social-darwinist element of the evolution text at issue, and so on.

Meanwhile, Orin Kerr nominates a footnote of Scalia's opinion in Kyllo as "scientifically irresponsible":
The dissent’s repeated assertion that the thermal imaging did not obtain information regarding the interior of the home, post, at 3, 4 (opinion of Stevens, J.), is simply inaccurate. A thermal imager reveals the relative heat of various rooms in the home. The dissent may not find that information particularly private or important, see post, at 4, 5, 10, but there is no basis for saying it is not information regarding the interior of the home.

Orin points out:
My research into this suggests that infrared radition is surface radiation: it emanates from surfaces, down to a depth of about 1/1,000 of an inch. See MIKE LLOYD, THERMAL IMAGING SYSTEMS 2-5 (1997). As a result, an infrared image only reveals the temperature of a surface, not the temperature of the space behind the surface. So the device really did reveal only the exterior temperature of the home, not the interior of the home.

Of course, it is possible to draw reasonable inferences about the likely interior temperature of a home from the home's exterior temperature profile. Assuming a steady state system, we can make reasonable assumptions about how houses are usually built (for example, that there are no heat sources in the walls themselves) to find out information about the interior temperatures. But that information is only as good as the assumptions themselves.

I think this criticism may be a little too quick. After all, all information is "only as good as the assumptions" behind it. A thermal imager really reveals information about what is on its imaging screen, which we assume to be information about the temperature of the walls it is pointed at, but if there were certain kinds of heat sources or malfunctions internal to the imager, our "reasonable inferences" would be disrupted. And as Descartes, J.L. Austin, or many others have pointed out, our ability to process any external stimuli at all is based on a similar process of "reasonable inference," which is what permits to me to exist in the world rather than fretting that all perceived stimuli are a giant trick slapped down by some very perverse deity.

Now, it must be that for 4th-Amendment purposes, some kinds of perceived-stimulus-plus-reasonable-assumption should be treated differently than other ones. If a dog sniffs the outside of a car and the officer reasonably concludes that the drug-smell outside the car has come from actual drugs inside the car, that is not a search. If the officer looks inside the upholstery and finds a brown package of something looking and smelling like marijuana and the officer reasonably concludes that that brown package exists and is not a hallucination, and that his looking- and smelling- abilities have not been disrupted or deceived by divine power, magic, or nanotechnology, that is a search. And so on. But that debate doesn't seem enough to tell us whether Scalia's footnote is scientifically irresponsible. Put simply, the trouble is that "information regarding the interior of the home" is simply too vague to pin down one way or the other. The observed temperature of a point internal to the home is one kind of information regarding the interior of the home, as Orin points out. But the inferred temperature of a point internal to the home based on data from the exterior of the home is another kind of information regarding the interior of the home-- one with a different confidence interval, different assumptions, and different margins of error, but information nonetheless.

In each case, observed data about something external to the home (the performance of the thermal imager) followed by a string of assumptions about the physical world, allows the reader to make a pretty reasonable guess about something internal to the home. So it is possible that Justice Scalia is in fact confused about which one is going on, but the passage cited gives no evidence of that. The disagreement-- any any error-- here is over empirical philosophy, not science.

UPDATE: Orin Kerr adds more, but I think I stick by my above comments. Any disagreement he has with the Kyllo footnote is over constitutional law or empirical philosophy, not over scientific fact.

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