Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Daniel S. Goldberg on Negligent Corpse Mishandling

  •  

    Site Meter

Philadelphia Story: Is Appearance a Positional Good?

posted by Frank Pasquale

phanatic.jpgTravel & Leisure magazine recently released a survey concluding that “Philadelphia is home to the least attractive people in the United States.” Defending this cruel and implausible judgment, a survey organizer said “We were asking people to vote on attractiveness, not unattractiveness. Travel & Leisure editors believe there are a lot of attractive people in Philadelphia.”

Can someone rank-order attractiveness, and then plead that any unattractive results are mere byproducts of a contest that should only concentrate on winners? I’ll admit that my last post too easily assumed that appearance-improvement is likely to degenerate into positional competition. But I still think surveys like T&L’s inevitably result in losers as well as winners. And I think one needs to prove the widespreadness of a quite rarified aesthetic theory to convincingly demonstrate the opposite–even outside the confines of a ranking survey.

As I recall from an Alain de Botton book, Plato and Kant had divergent aesthetic theories. (And I hope the philosophers out there forgive me for citing a popularization I read years ago.) Kant suggested that a judgment of beauty had to participate both in the objective and the subjective:

Running through Kant’s various characterizations of judgments of beauty is a basic dichotomy between two apparently opposed sets of features. On the one hand, judgments of beauty are based on feeling, they do not depend on subsuming the object under a concept (in particular, the concept of an end which such an object is supposed to satisfy), and they cannot be proved. This combination of features seems to suggest that judgments of beauty should be assimilated to judgments of the agreeable. On the other hand, however, judgments of beauty are unlike judgments of the agreeable in not involving desire for the object; more importantly and centrally, they make a normative claim to everyone’s agreement. These features seem to suggest that they should be assimilated, instead, to objective cognitive judgments.

By contrast, Plato’s position was far more objective . . .

Plato saw the changing physical world as a poor, decaying copy of a perfect, rational, eternal, and changeless original. The beauty of a flower, or a sunset, a piece of music or a love affair, is an imperfect copy of Beauty Itself. In this world of changing appearances, while you might catch a glimpse of that ravishing perfection, it will always fade. It’s just a pointer to the perfect beauty of the eternal.

So perhaps if we adopt the Platonic theory, everyone can converge to some ideal of appearance, and it cannot be properly considered a positional good. The competitions I worried about in the “dress code” post will fade as people cease trying to distinguish themselves.

I can imagine a few sensible convergence ideals will win out. For example, one commenter on the last post says: “I would trade my right-on-the-median [height] for . . . extra-tall [height] in a heartbeat… women seeking mates prefer taller men so strongly that a median-sized man needs about $87,000/year more income to even be competitive with a 6′-7″ man!” I have to say I doubt that kind of economic extrapolation survives much beyond the 6′4 or so range. I think it much more likely that if some genetic engineering permits precision height manipulation, some average range will become popular, and there won’t be positional competition for height. And perhaps we could even see the old “suit rule” in law firms as an example of such a constructive convergence, if low-cost suits are tolerated.

However, I have a sense the “old Adam” will always seek “ghostlier demarcations,” and the passion for ranking and distinction will survive and supplant many Platonic ideals that emerge. For example, consider pressures on models that seem to be pushing them toward an asymptotically thin state. And in the wider realm of fashion and appearance, it’s easy to imagine dozens of directions for positional competition and distinction. So that’s one reason to fear those dynamics more in the realm of dress than in other appearance-related arenas. The raison d’etre of a fashion industry is to keep people from converging on some Platonic norm of appearance. As a positional good, its “value is mostly, if not exclusively, a function of [its] ranking in desirability in comparison to substitutes.”

Photo Credit: Numb3r.


 October 22, 2007 at 9:34 pm   Posted in: Law and Inequality   Print This Post Print This Post

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress