Fight the Hypo: FAKE Arguments, Trolleyology, and the Limits of Hypotheticals
Tribeca Square Press, 2014, 36pp.
My Martin Professorship Inaugural Lecture, delivered on April 26, 2014, in New York. Law professors, and others, conventionally use hypothetical questions, to test students' understanding of doctrine, rules, and logic. In recent years, the hypothetical has become a tool of psychologists to investigate our moral and ethical understanding. This essay investigates pitfalls in how the answers to hypotheticals are interpreted and suggests reasons for resisting their lure.
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