Modern Law Tries to Rule Out Error and Accident at the Expense of Individual Freedom

(p. C9) Philip K. Howard’s “Everyday Freedom: Designing the Framework for a Flourishing Society” is a slim book propounding a colossal, sometimes unwieldy, thesis. Beginning in the 1960s, Mr. Howard argues, American law was transformed from a system designed to guard individual freedom and accountability into one in which bad outcomes are impossible. Modern law, he writes, is “an elaborate precautionary system aimed at precluding human error. Anything that goes wrong, any accident or disappointment, any disagreement, potentially requires a legal solution. Instead of charging officials to do what’s sensible, modern law presumes that the gravest risk is to leave room for judgment of people in positions of authority.”

The consequence, he observes, is a society of people who feel they can’t make decisions without thick rule books explaining best practices and legal protections if their decision turns out badly.

For the full review, see:

Barton Swaim. “Bring Back the Smoke-Filled Rooms.” The Wall Street Journal (Saturday, March 2, 2024): C9.

(Note: the online version of the review has the date March 1, 2024, and has the title “Politics: ‘The Primary Solution’ by Nick Troiano Plus ‘Everyday Freedom’ by Philip K. Howard.”)

The book under review above is:

Howard, Philip K. Everyday Freedom: Designing the Framework for a Flourishing Society. Garden City, NY: Rodin Books, 2024.

King George III and George Washington Both Admired Cato, Defender of the Roman Republic

(p. C7) George III (1738-1820) enjoyed one of the longest reigns in British history, but he is known mostly for his turbulent early years as king and the loss of Britain’s American colonies. Thomas Paine called him “a wicked tyrannical brute”; Thomas Jefferson, in the Declaration of Independence, said his character was “marked by every act which may define a tyrant.” As if such charges weren’t enough, George III suffered in his later years from bouts of mental illness that eventually curtailed his reign.

In “The Last King of America,” Andrew Roberts sets out to reclaim George III by drawing a portrait of the man in full and recalibrating modern judgments, not least the judgments of Americans who may share Jefferson’s view. Far from a tyrant, Mr. Roberts argues, George III dutifully supported Britain’s parliamentary constitution of limited monarchy.

. . .

. . . in 1751, . . . the shy, introverted teenager next in line to the throne aimed to be a patriot king.

What did that mean? One gauge, Mr. Roberts observes, is a prologue (written by his father) that George declaimed as a 10-year-old at a performance of “Cato,” a play by Joseph Addison dramatizing the life of the Roman republican. The prologue expressed a pride in England and a love of liberty. (Ironically, “Cato,” performed at Valley Forge, was George Washington’s favorite play.) And indeed, George III later upheld the parliamentary supremacy established by the Glorious Revolution of 1688. No monarch, he believed, could rule justly without the consent of his realm.

Had British statesmen possessed the diplomatic acumen of Franklin and Washington, Mr. Roberts argues, a way through the impasse in North America might have been found. Many colonists had hoped that George III would take their side against Parliament. The king himself spoke of “fighting the battle of the legislature.” Instead, the British establishment—the king included—determined to crush what they viewed as a conspiracy of the colonial elite.

For the full review, see:

William Anthony Hay. “The Method & the Madness.” The Wall Street Journal (Saturday, Oct. 30, 2021 [sic]): C7.

(Note: ellipses added.)

(Note: the online version of the review was updated Oct. 29, 2021 [sic], and has the title “‘The Last King of America’ Review: The Method and the Madness.”)

The book under review above is:

Roberts, Andrew. The Last King of America: The Misunderstood Reign of George III. London: Viking, 2021.

“Linguistic Diversity Is Precious” Because Languages Are “Natural Experiments” in “Ways of Seeing, Understanding, and Living”

(p. A13) Linguistic variety is “often seen as a problem, the curse of Babel,” but for a linguist, New York City is a riotous collection of living specimens—a “greenhouse, not a graveyard.”  . . .  Mr. Perlin, who has a doctorate in linguistics, helps run the Endangered Language Alliance, which works to document such minority tongues.  . . .

The heart of “Language City” is portraits of individual New York-based speakers. Mr. Perlin writes about their work as well as his, capturing the grind of immigrant life with empathy, balance and wit.  (. . .)  “If the country was rich we would never leave,” says Husniya, a Wakhi speaker from bleak post-Soviet Tajikistan. But she savors the city’s entrepreneurial energy: “New York opened my eyes. It shapes you to be a human being, not dividing based on religion, face, or race, or anything.”

. . .

Wonderfully rich, “Language City” is in part an introduction to the diverse ways different languages work. Seke and other “evidential” languages, for example, have different grammatical forms to indicate how the speaker knows what she’s asserting—whether from observation or inference, hearsay or hunch. Other languages syntactically “tag the speaker’s surprise at unexpected information” or have a special temporal marking “just for things happening today.”

. . .

Yet linguistic diversity is precious, Mr. Perlin stresses, and should be celebrated, not just tolerated.  . . .  . . ., languages “represent thousands of natural experiments” that encode wildly different “ways of seeing, understanding, and living.” Constructed by generations of collective effort, they are invisible cathedrals bigger and more democratic than any building.

For the full review see:

Timothy Farrington. “BOOKSHELF; The Words On the Street.” The Wall Street Journal (Friday, Feb. 23, 2024): A13.

(Note: ellipses added.)

(Note: the online version of the review has the date February 22, 2024, and has the title “BOOKSHELF; ‘Language City’ Review: The Words on the Street.”)

The book under review is:

Perlin, Ross. Language City: The Fight to Preserve Endangered Mother Tongues in New York. Washington, D.C.: Atlantic Monthly Press, 2024.

“Adoption of Singular ‘Gold Standard’ Models” Closes “Off Other Important Avenues of Inquiry”

(p. A15) Ubiquitous and persuasive, models . . . drive decisions—one reason why, in Ms. Thompson’s view, they require our urgent attention. She tells us that, as a graduate student studying North Atlantic storms, she noticed how different models predicted different overall effects and produced contradictory results.

. . .

The problem is that Model Land is easy to enter but difficult to escape. Having built “a beautiful internally consistent model,” Ms. Thompson writes, it can be “emotionally difficult to acknowledge that the initial assumptions on which the whole thing is built are literally not true.”

There are all sorts of ways that models can lead us astray. A small measurement error on an input can lead to wildly inaccurate forecasts—a phenomenon known as the Butterfly Effect. Fortunately, this type of uncertainty is often manageable. Far more problematic are what Ms. Thompson calls “unquantifiable unknowns”—things that are left out of a model’s calculation because they can’t be anticipated, such as the unexpected arrival of a transformative technology or the abrupt collapse of a robust market. It is not always true, she observes, that the data we have now will be relevant to the future—as traders discovered in the stock-market crash of 1987, when their models catastrophically failed.

. . .  We may be inclined to regard models as objective expressions of truth, yet they are deliberately constructed interpretations, imbued with the values and viewpoints of the modelers—primarily, as Ms. Thompson notes, well-educated, middle-class individuals. During the pandemic, models “took more account of harms to some groups of people than others,” resulting in a “moral case” for lockdowns that was “partial and biased.” Modelers who worked from home—while others maintained the supply chain—often overlooked “all of the possible harms” of the actions their models were suggesting.  . . .

The promise and peril of models, Ms. Thompson recognizes, has deep resonance in biomedicine, where so-called model organisms, like yeast and zebrafish, have led to foundational insights and accelerated the development of therapeutics. At the same time, treatments that work brilliantly in Model Land often fail in people, devastating patients and disappointing drug developers. The search for improved disease models can be complicated when proponents of one model suppress research into alternative approaches, as the late journalist Sharon Begley documented in a powerful 2019 report. Ms. Thompson perceptively critiques the adoption of singular “gold standard” models, noting that the “solidification” of one set of assumptions can lock us into one way of thinking and close off other important avenues of inquiry.

For the full review see:

David A. Shaywitz. “BOOKSHELF; Seduced By Numbers.” The Wall Street Journal (Wednesday, Dec. 28, 2022): A15.

(Note: ellipses added.)

(Note: the online version of the review has the date December 27, 2022, and has the title “BOOKSHELF; ‘Escape From Model Land’ Review: Seduced by Numbers.”)

The book under review is:

Thompson, Erica. Escape from Model Land: How Mathematical Models Can Lead Us Astray and What We Can Do About It. New York: Basic Books, 2022.

Sharon Begley’s “powerful” 2019 report, mentioned above, is:

Begley, Sharon. “The Maddening Saga of How an Alzheimer’s ‘Cabal’ Thwarted Progress toward a Cure for Decades.” STAT; Reporting from the Frontiers of Health and Medicine, Posted June 25, 2019. Available from https://www.statnews.com/2019/06/25/alzheimers-cabal-thwarted-progress-toward-cure/.

A Miraculous Machine in the Middle-Ages That Did Nothing to Improve the Lives of the Masses

Before the industrial revolution clever inventors sometimes devised elaborate and amazing machines. The Antikythera mechanism is a famous example. Though these machines amaze us, they usually did little to improve the lives of those who lived at the time of invention. Why? Maybe the answer is that just before the industrial revolution, entrepreneurs were encouraged and enabled (through property rights and patents) to apply amazing inventions to the betterment of the people.

(p. C9) What kind of a book do we have in “Miracles and Machines: A Sixteenth-Century Automaton and Its Legend”?

. . .

The authors call the book a “clockwork”; its many disparate parts are joined in scrupulous devotion to a 16th-century automaton—an object, they write, which is at once “a sculpture, a machine, an icon, and a messenger.”

The figure is of a Franciscan friar, about 16 inches tall, carved out of wood, cloaked in a modern replica of the garb he once wore. His 5-pound weight is due to an intricate iron mechanism that fits inside his wooden body; it is wound with a key.

. . .

Imagine, Ms. King and Mr. Todd suggest, what it would have been like to see this automaton at the time of its creation. He is placed upon a candlelit table. His feet take steps under his tunic—but he actually glides on three wheels, making his movement seem ethereal. He is deliberately slow. This is not a mechanism meant to thrill us with speed and virtuosity. His movements are graceful, solemn.

As he moves, the friar raises and lowers a cross in his left hand and strikes his chest with his right, as if declaring “mea culpa.” He also lifts the cross to his lips and fixes his gaze steadily, perhaps at an observer at the opposite end of the table. He looks down at the cross, up at the observer, and begins to turn: “You let out half a breath,” the authors tell us, “but as his full body pivots on the table, feet in motion, head forward, his eyes slide left in their sockets to stay fixed on you!” Then he changes direction, staring at what might be another observer. There is no doubt about his seriousness; the impact on believers, in the half-light, would have been considerable.

. . .

In seeking to learn more about the friar’s provenance, Ms. King contacted Servus Gieben, a Dutch-born Franciscan who served as the director of the Franciscan Museum in Rome. In his correspondence with Ms. King, Gieben, who died in 2014, reaffirmed his theory that it may have been commissioned by Philip for his son Carlos. In 1562, at the age of 17, Carlos fell down a flight of stairs and so gravely injured his skull that he was not expected to survive (either the injury or the era’s “treatments”).

. . . The corpse of a Franciscan friar, Diego de Alcalá (ca. 1400-63), had remained free of decay after his death that it was thought to have healing powers. And behold: Once it was laid upon the dying prince, Carlos soon began to recover. Philip II spent 26 years petitioning four consecutive popes to recognize the miracle and declare Diego a saint. (He ultimately was, as the city of San Diego now affirms.)

Gieben suggested that the facial resemblance between the automaton and Diego was evident. And what better way, he thought, for Philip to honor Diego than by providing his often wayward son with an admonitory reminder in the form of the penitential friar himself, created by the most brilliant clockmaker in the empire. As Don Carlos was brought back to life, so an inanimate automaton would turn animate.

Even today, the authors suggest, the friar remains “a small miracle. Or the image of a small miracle. Or the metaphor of a large miracle. Or an artificial miracle.”

For the full review see:

Edward Rothstein. “A Wonder of Another Age.” The Wall Street Journal (Saturday, December 23, 2023): C9.

(Note: ellipses added.)

(Note: the online version of the review has the date December 22, 2023, and has the title “‘Miracles and Machines’ Review: Mystery of the Clockwork Man.”)

The book under review is:

King, Elizabeth, and W. David Todd. Miracles and Machines: A Sixteenth-Century Automaton and Its Legend. Los Angeles: Getty Publications, 2023.

Indigenous North-American Indians Were Not Peaceful

Critics of America, suggest that the founding occurred by stealing land from peaceful Indians. But as suggested in the book reviewed below, pre-European Indians fought wars against each other. To the extent that Indians chose, or were allowed to choose, to live under non-violent European rule-of-law, they could flourish.

(p. 17) In THE CUTTING-OFF WAY: Indigenous Warfare in Eastern North America, 1500-1800 (University of North Carolina Press, 287 pp., paperback, $29.95), Wayne E. Lee argues that the fluid, Native American style of war was quite alien to the European soldiers who encountered it. Tribes like the Tuscarora and the Cherokee avoided battles and conventional sieges, instead carrying out what Lee calls “conquest by harassment” — dispersed campaigns of ambushes and raids, which could be sustained for years.

. . .

The aims of their wars were also different, argues Lee, a professor of early modern military history at the University of North Carolina at Chapel Hill. We tend to think of wars as being fought to conquer people, control them and occupy their land. But Native Americans often waged war not to settle territory but to clear it. Specifically, they aimed to push other tribes out of choice hunting grounds and hold exclusive access to them.

For the full review see:

Thomas E. Ricks. “War Stories / Military History.” The New York Times Book Review (Sunday, Jan. 21, 2024): 17.

(Note: ellipsis added.)

(Note: the online version of the review has the date Dec. [sic] 4, 2023, and has the title “How Different Peoples Around the World Fought and Built Empires.”)

The book under review is:

Lee, Wayne E. The Cutting-Off Way: Indigenous Warfare in Eastern North America, 1500–1800. Chapel Hill, NC: The University of North Carolina Press, 2023.

Miracle Drugs Should Not Lead Us to Ignore Nutrition as a Driver of Health

(p. A15) More than 100 years after the miraculous discovery of insulin to treat diabetes, how are things going? More people are getting the disease. (Between 1959 and 2021, the number of Americans diagnosed with diabetes increased from 1.5 million to 29.7 million, according to federal government surveys.) Patients are doing worse. (Fewer than 1 in 5 Type 1 patients are achieving blood-sugar goals established by the American Diabetes Association.) Diabetes intensifies America’s economic and racial divide. (Type 2 diabetes disproportionately affects the poor, the undereducated and minorities.) And the epidemic is global. (According to the World Health Organization, diabetes is the ninth leading cause of death worldwide.)

If any disease needs to be rethought, it is surely diabetes, and that is the premise of Gary Taubes’s latest book.

. . .

The hero of “Rethinking Diabetes” is Dr. Richard Bernstein, an engineer-turned-doctor who also has Type 1. In the 1970s, he became the first person to use a home glucose meter; looking at his data, he realized that a low-carb diet minimized his glycemic swings. For the past 40 years, in his books, academic papers and other advocacy, he has been the leading low-carb evangelist for people with diabetes.

But Dr. Bernstein is also a controversial figure, and not just because his nutritional guidance defied the medical establishment. I interviewed Dr. Bernstein and wrote about him in 2007. He’s prone to hyperbole and absurdities, such as his claim that insulin-pump patients “all have complications.” More important, his low-carb diet is uncompromising, and his advice is not realistic for everyone. When I interviewed him, he hadn’t eaten an apple since the Nixon administration. Nonetheless, I believe that Dr. Bernstein’s insights about diet and diabetes—and Mr. Taubes’s central argument—are correct. Imperfectly, I follow Dr. Bernstein’s guidance, and I’m far healthier because of it.

Mr. Taubes’s larger point is that we have allowed pharmacological miracles in the treatment of diabetes, insulin being one of them, to supplant food and nutrition as the foundation of good health. He concurs with Dr. Arnoldo Cantani, a 19th-century Italian physician, who said that the remedy for diabetes “is not in the drugstore but in the kitchen.”

For the full review see:

James S. Hirsch. “BOOKSHELF; Beyond Insulin.” The Wall Street Journal (Monday, Jan. 8, 2024): A15.

(Note: ellipsis added.)

(Note: the online version of the review has the date January 7, 2024, and has the title “BOOKSHELF; ‘Rethinking Diabetes’ Review: Beyond Insulin.”)

The book under review is:

Taubes, Gary. Rethinking Diabetes: What Science Reveals About Diet, Insulin, and Successful Treatments. New York: Knopf, 2024.

Nazis Allowed Charitable Feeding of Enslaved Camp Inmates, to Increase Their Productivity

(p. A13) The remarkable story of Janina Mehlberg almost didn’t see the light of day. A Holocaust survivor and a mathematics professor in Chicago, Mehlberg stood out for making her way in an academic field dominated by men. But while teaching her students and giving conference papers, she was privately writing an account of her life’s most remarkable episode: her daring impersonation of a Polish aristocrat in World War II, a deception that allowed her to aid Poles who had been imprisoned by the Nazis.

. . .

The Majdanek camp held Polish prisoners forced into slave labor, Russian prisoners of war, and Jews who would be murdered either by being shot at close range or poisoned by gas.  . . .  As “the Countess,” Mehlberg served as the head of the Polish Main Welfare Council, visiting the camp regularly. The haughty, demanding countess negotiated ways to bring soup, bread, medicine—and hope—to a great many Polish prisoners. Betraying little emotion, this hidden Jew became a sort of patron saint by appearing again and again to witness their suffering and alleviate it as best she could. “Janina’s story is unique,” the authors assert. “She was a Jew who rescued non-Jews in the midst of the largest murder operation of the Holocaust.”

“The Counterfeit Countess,” too, is unsentimental. The writing is matter of fact; the authors include data about the numbers of meals served, the details of negotiations with Nazi officers, the changes in camp conditions as the war unfolded. Mehlberg recognized that the Germans were making trade-offs within their sick paradigm of racial superiority. Would it be more efficient to murder Poles or starve them while they worked? She persuaded Nazi higher-ups to let her organization provide thousands of tons of food to prisoners so that they could do the work that would feed the Nazi war machine. German commanders decided it served their interests to allow “the Countess” to continue providing food and medicine to enslaved workers.

For the full review see:

Michael S. Roth. “BOOKSHELF; Fake Title, Real Courage.” The Wall Street Journal (Thursday, Jan. 25, 2023): A13.

(Note: ellipses added.)

(Note: the online version of the review has the date January 24, 2023, and has the title “BOOKSHELF; ‘The Counterfeit Countess’ Review: Fake Title, Real Courage.”)

The book under review is:

White, Elizabeth B., and Joanna Sliwa. The Counterfeit Countess: The Jewish Woman Who Rescued Thousands of Poles During the Holocaust. New York: Simon & Schuster, 2024.

“A Plausible Case for Hounds in Heaven”

(p. A17) My mini bernedoodle, Sugaree, meets me at the door when she hears me on the front porch steps. She jumps in anticipation—all four legs catching air—until I enter the hallway. It’s a love that doesn’t diminish.

This is my welcome every weeknight when I come home from work. I haven’t split the atom, ended world hunger or even brought her a new chew toy, yet I am honored like Pompey the Great in his third Roman triumph.

. . .

British writer C.S. Lewis . . . in “The Problem of Pain,” . . . made a plausible case for hounds in heaven. Lewis thought sufficient selfhood might exist in dogs and other domesticated animals that their immortality is subsumed within their master’s heavenly destiny.

. . .

God surely has use for a creature that teaches us so much about love.

For the full commentary, see:

Mike Kerrigan. “Our Dog, Who Art in Heaven.” The Wall Street Journal (Thursday, Jan. 4, 2024): A17.

(Note: ellipses added.)

(Note: the online version of the commentary has the date January 3, 2024, and has the same title as the print version.)

The C.S. Lewis book mentioned above is:

Lewis, C. S. The Problem of Pain. San Francisco, CA: Harper One, 2001.

“Context Switching Is the Mindkiller”

(p. B7) “My mind often feels…like a very wild storm,” Musk said Wednesday in the same interview. “I’m a fountain of ideas. I mean I have more ideas than I could possibly execute. So I have no shortage of ideas. Innovation is not a problem, execution is a problem.”

He was speaking at the New York Times DealBook Summit on Wednesday [Nov. 29, 2023] in New York City, a high-profile event run by one of the media juggernauts he has been openly needling.

He was only there, Musk said, because of his friendship with the host, Andrew Ross Sorkin. Or, as Musk called him on stage, “Jonathan.”

“I’m Andrew,” Sorkin said.

. . .

“Context switching is the mindkiller,” he tweeted the day after Thanksgiving, a favorite axiom of his that mixes a quote from the sci-fi book “Dune” with computer lingo for multitasking.

In “Dune,” fear is the mindkiller—the idea that the primal reaction to fear is to recoil rather than go forward. In essence, fear is an obstacle to be overcome to reach success. For Musk, the challenge to overcome is being able to handle switching between rockets and tweets and cars and brain computers and drilling machines and superhuman artificial intelligence.

. . .

In the moment that ricocheted around the world, Musk told advertisers unhappy with him to go f— themselves, saying he was unwilling to pander to their “blackmail” and warned they threatened to bankrupt the social-media platform he acquired slightly more than a year ago. And if they were successful, he warned, “See how Earth responds to that.”

. . .

To Musk, the likes of Disney are trying to squelch his freedom of speech. To others, they are simply exercising their rights to walk away.

“Go. F—. Yourself,” Musk said on stage to a stunned audience. “Is that clear? I hope it is. Hey, Bob, if you’re in the audience.”

For the full commentary, see:

Tim Higgins. “Storm in Musk’s Mind Casts Shadow on Vehicle Launch.” The Wall Street Journal (Monday, Dec. 4, 2023): B7.

(Note: ellipses, and bracketed date, added.)

(Note: the online version of the commentary has the date December 2, 2023, and has the title “The Storm Brewing Inside Elon Musk’s Mind Gets Out.” The 7th, 8th, and 9th sentences quoted above, appear in the online, but not in the print, version of the commentary. Also, the online version of the sentence on being able to handle switching, contains seven added words of detail.)

The science-fiction Dune book mentioned above is:

Herbert, Frank. Dune. Deluxe ed. New York: Ace, 2019 [1st ed. 1965].

Almost 50% of Modern Drugs Have Their Source in Folk Medicine

(p. 17) At the heart of “Most Delicious Poison” is an evolutionary oxymoron that sustains life as we know it: Poisons — in deserts or rainforests, at the corner bar or in your fridge — threaten life while offering possibilities for persistence, and the pleasures that we take from substances that would otherwise be deadly hint at the ways life on earth manages to thrive in a landscape of toxins.  . . .

“Scratch beneath the surface of a coffee bean, a red pepper flake, a poppy capsule, a Penicillium mold, a foxglove leaf, a magic mushroom, a marijuana bud, a nutmeg seed or a brewer’s yeast cell, and we find a bevy of poisons,” Whiteman writes.

Caffeine is another natural wonder best approached with caution. “Caffeine and the human mind,” says Whiteman, can seem like a match made in heaven. “Taken in the appropriate doses, caffeine not only feels life-giving but is: Drink a few cups a day and you won’t live forever but a little longer.” Whiteman sorts through data suggesting as much, though, anecdotally, on a fall morning in the dark, it sure feels true.

But caffeine can be deadly. In October of this year [2023], the parents of a University of Pennsylvania student with a congenital heart condition sued Panera Bread over their “Charged Lemonade,” on the grounds that a substance containing three Red Bulls’ worth of caffeine should have been marketed as an energy drink, potentially saving their daughter’s life.

And yet used in moderation, the poison that we drink in pumpkin spice lattes blocks adenosine receptors — adenosine being a brain-produced neurotransmitter that would otherwise encourage you to rest.

. . .

Big Pharma’s relationship to Indigenous knowledge is a recurring motif. “Indigenous healers have yielded nearly 50 percent of all modern drugs we use today,” writes Whiteman.

For the full review, see:

Robert Sullivan. “Toxic Relationships.” The New York Times Book Review (Sunday, December 24, 2023): 17.

(Note: ellipses added.)

(Note: the online version of the review was updated Dec. 4, 2023, and has the title “All Things in Moderation, Especially When They’re Toxic.”)

The book under review is:

Whiteman, Noah. Most Delicious Poison: The Story of Nature’s Toxins―from Spices to Vices. New York: Little, Brown Spark, 2023.