Lawrence E. Mitchell - Stacked deck: a story of selfishness in America

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title	:	Stacked Deck : A Story of Selfishness in America America in Transition (Philadelphia, Pa.)
author	:	Mitchell, Lawrence E.
publisher	:	Temple University Press
isbn10 | asin	:	1566395925
print isbn13	:	9781566395922
ebook isbn13	:	9780585364117
language	:	English
subject	Fairness, Justice, Law--Philosophy.
publication date	:	1998
lcc	:	K247.M58 1998eb
ddc	:	340/.1
subject	:	Fairness, Justice, Law--Philosophy.

Page i Stacked Deck

Page ii In the series America in Transition: Radical Perspectives edited by Gary L. Francione

Page iii Stacked Deck A Story of Selfishness in America Lawrence E. Mitchell

Page iv Temple University Press, Philadelphia 19122 Copyright 1998 by Temple University All rights reserved Published 1998 Printed in the United States of America Library of Congress Cataloging-in-Publication Data Mitchell, Lawrence E. Stacked deck : a story of selfishness in America / Lawrence E. Mitchell p. cm. (America in transition: radical perspectives) Includes bibliographical references and index. ISBN 1-56639-592-5 (cl. : alk. paper) 1. Fairness. 2.Justice. 3. LawPhilosophy. I. Title. II. Series: America in transition (Philadelphia, Pa.) K247.M58 1998 340'. 1dc21 97-44347 CIP The paper used in this publication meets the requirements of American National Standards for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.

Page v For Alex

Page vi "No one acts unless he is aware of the need to help." Eva Fogelman, Conscience and Courage

Page vii Contents Acknowledgments ix Series Editor's Foreword xi Introduction 1 1 The Big Myth 10 2 The Myth's Dark Underside 29 3 The Myth Lives in the Law: Private Law 52 4 The Myth Lives in the Law: Public Law 73 5 Liberal Philosophy's Fundamental Mistake 90 6 Vulnerability: The Heart of the Matter 117 7 Vulnerability and American Liberalism 139 8 The Selfishness Surplus: A Matter of Choice 158 9 Fairness and Games 185 10 Fairness, Trust, and Responsibility 194 Notes 211 Bibliography 231 Index 245

Page ix Acknowledgments As with so much else in my life, this book is immeasurably better than it would have been without the help of so many friends and colleagues (none of whom are to be blamed for my mistakes). Two very special people have made this project possible. Without the guidance of my mentor, Bob Tuttle, who forced me to ever-deeper levels of thought and understanding and would not let me rest content with any portion of the manuscript, I simply could not have written this book, and without the friendship, support, and assistance of Theresa Gabaldon, I would never have seen it through to publication. Nor would the book have seen the light of day without my editors, Doris Braendel and Gary Francione, who saw in my original turgid academic prose the possibility for an argument that might have contemporary importance. David Luban, Rick Kahlenberg, and Chip Lupu rose well beyond the call of friendship and duty and carefully and critically read versions of the manuscript, forcing me to sharpen my arguments and confront their relevance. Andrew Altman, Marina Angel, Bill Bratton, Brad Clark, Greg Mark, Susan Mitchell, Jeff Rosen, David Skover, Elizabeth Wolgast, my parents, and participants in works-in-progress col1oquia at Washington & Lee University Law School and Rutgers (Newark) Law School read all or parts of the manuscript at various stages and gave me very helpful comments. Jennie Meade and the staff of the Jacob Burns Law Library went well beyond their normal duties to help me with the research. I am also grateful for the research help of several

Page x student assistants over the years, including Corby Sturges, Sherri Perlstein, Joshua Henderson, David Levy, John Pollack, and Ian Asch. Dean Jack Friedenthal and The George Washington University Law School provided financial support. Finally, this book is dedicated to my son, Alex, who is why it all matters.

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