Stacked Deck: A Story of Selfishness in America

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Temple University Press, 2010 M07 7 - 264 páginas
Americans for generations have been raised with the mantra that we can grow up to be anything we want to be, achieve anything we can imagine. How many of us believe the message? Dream big. It is a fundamental ideology of unbounded opportunity underscoring our drive to succeed. Yet for many Americans the reality, no matter how hard they try, is far from the visions of glory, the unattainable dream of rags to riches that leaves them feeling like failures.

To understand this ideology and its effect on society, Lawrence E. Mitchell instructs us to look at the myth of individualism that pervades our laws, our social thought, our institutions, and our philosophies. It is the touchstone of our national debates on welfare reform, salary equity, FDA regulations, and a criminal defendant's right to a fair trial -- and it even infiltrates our private lives every time we argue about the division of household chores or television time. In Stacked Deck, Mitchell shows us how this artificial reality buries the way we truly live.

Mithcell uses examples drawn from history, politics, law, and culture to show how our singular concern with fairness has diminished our sense of vulnerability, so that our ideas of justice, equality, and efficiency are modeled on the capabilities of the strongest in society. Large scale examples -- such as blue collar layoffs and corporate downsizing, natural disasters and catastrophic illnesses -- illustrates the rickety bridge between comfort and disaster. We must be reminded that we are all vulnerable to the forces of economics, society, politics, and nature. Thus, Mitchell proposes, those who start out at the top tend to stay there, just as the weak tend to remain weak.

Stacked Deck does more than outline this problem of American selfishness; it proposes a solution tha tis nothing less than a massive reconception of the way we relate to one another. Mitchell retains what is productive about the myth of the self-reliant individual, while asserting what is necessary to restore a sense of community. He suggests a sweeping intellectual recovery of fairness available to all levels of American society, thereby reclaiming our true sense of responsibility to others in society.

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Contenido

Introduction
1
1 The Big Myth
10
2 The Myths Dark Underside
29
Private Law
52
Public Law
73
5 Liberal Philosophys Fundamental Mistake
90
The Heart of the Matter
117
7 Vulnerability and American liberalism
139
A Matter of Choice
158
9 Fairness and Games
185
10 Fairness Trust and Responsibility
194
Notes
211
Bibliography
231
Index
245
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Lawrence E. Mitchell is John Theodore Fey Research Professor of Law at George Washington University. He is the editor of Progressive Corporate Law and the co-author of Corporate Finance and Governance.

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