Illinois: A Clash of Law, Ethics, Christmas and Festivus

Any one with lingering doubts about whether law is capable of navigating the nuances of ethics should ponder the Christmas display at the Illinois State Capital, where an effort to avoid state support of religion has resulted in an offensive mockery of it that is inappropriate for any season.

The collision of the Constitution’s Establishment Clause (and the Supreme Court’s  broad interpretation of it) with the cultural, traditional. historical, artistic and commercial aspects of Christmas have created an annual fiasco that looks silly, irritates everyone, and accomplishes nothing constructive. It would be better to have no Christmas display at all, and that fact proves the limitation of law, and the subordination of ethics. Continue reading

“Scroogenomics”: Clueless About Holiday Ethics

I had decided to write about the new book “Scroogenomics: Why you shouldn’t buy presents for the holidays”early yesterday. I should have assumed that our current Scrooge-in-Chief, George Will, would have the same idea. He did, and greeted his readers with typically sour tidings as he heartily endorsed this commercially clever and ethically fatuous book. The brain-child of economist Joel Waldfogel, “Scroogenomics” argues that holiday gift-giving makes no economic or social sense, and is a net drag on everyone. Will’s quote from it is as revealing as any:

Gifts that people buy for other people are usually poorly matched to the recipients’ preferences. What the recipients would willingly pay for the gifts is usually less than the givers paid. The measure of the inefficiency of allocating value by gift-giving is the difference between the yield of satisfaction per dollar spent on gifts and the yield per dollar spent on the recipients’ own purchases.

All of which means that Waldfogel (and Will) are hopelessly confused about the social and ethical value of gift-giving, which has little to do with the ratio of “the yield of satisfaction per dollar spent.”  Continue reading