Moving Past Reasons
We’ve set forth our reasons. We believe others will accept them. They’re valid reasons and they’ve been presented in good faith. Yet others have not been persuaded. We seek an explanation. Rational arguments versus irrational arguments. A rational argument is based on truth; an irrational argument is based on falsity. But both types of arguments, […]
Build and Construct
You have a message to convey to others. Your task is to persuade. Persuasion in this context can be defined as a method to change not only beliefs, but the way others arrive at their beliefs. Once others can be shown a better path of reasoning, then the conclusion you seek to draw might more […]
Making Things Clear
Take a piece of fine stemware and examine it for flaws. Hold it up to the light. Look carefully at its shape and texture, its shine and clarity. Someone trained in the art of glassmaking will be able to detect slight imperfections and deformities, some so small and subtle as to be unnoticeable. A craftsman […]
“Excusable” vs. “Inexcusable”
Lawsuits are based on the ubiquitous phenomena of “mistake.” We file when there’s been an “accident,” inadvertent harm caused by the neglect, carelessness, or inattention of another. Those who practice in this area can come to believe that every “mistake” is actionable. We see some kind of harm that’s occurred and we immediately conclude that […]
It’s Time to Start Over
Transportation accidents, maritime accidents, aviation accidents––all within our society have the right to bring civil lawsuits to recover damages except one: those who serve in the Armed Forces. Our servicemen and women are prohibited from filing civil actions against the United States in Federal Court for accidental injury or wrongful death if such occurs within […]
Incremental Harm as a Basis of Product Liability
Product liability law imposes liability against manufacturers of “unreasonably” dangerous products. The danger inherent within a product can range from the manifest to the latent, from the direct to the indirect. Primary Risks. These are the obvious risks a product poses to a user. You can fall off a motorcycle, you can sustain a cut […]
Pain and Prayer
Can pain be modulated by prayer? Some, perhaps many, will immediately reach for the words “placebo effect” and leave the matter at that. Others have investigated the phenomenon. Belief in something greater, something infinitely larger and more powerful––there’s more to this than can be easily explained. It has to do with tapping into a power […]
Whiplash and the Ascending Reticular Activating System
It’s probably a safe generalization to assert that whiplash injuries caused by rear-end car accidents are typically undervalued. No matter what symptoms the patient presents with the diagnosis is misleadingly termed a “soft tissue” injury that “should resolve completely in six to eight weeks.” A new and growing body of medical literature sheds light on […]
Not to be Surprised
Changing the mind of a single person, whose views are antagonistic, presents a multidimensional puzzle, its own complex problem, one with no simple solution. You believe in the rightness of your idea. It’s common sense. Yet the other person you’re speaking to does not see things your way. This is baffling to you. You cannot […]
Specialization’s Limit
Specialization of labor––surely this makes the most sense. Hire the most highly qualified people, train them in a particular specialty, and then have them carry out that single specialized task. This has been the conventional wisdom for decades, used in a variety of contexts. There would seem to be no downside to this perfectly rational […]
