@9901
It’s a rough world out there. Step outside and you could break a leg slipping on your doormat. Light up stove and you could burn down the house. Luckily, if the doormat or stove failed to warn of coming disaster, a successful lawsuit might compensate you for your troubles. Or so the thinking has gone since the early 1980s, when juries began holding more companies liable for their customers’ misfortunes.
Feeling threatened, companies responded by writing ever-longer warning labels, trying to anticipate every possible accident. Today, stepladders carry labels several inches long that warn, among other things, that you might —surprise! — fall off. The label on a child’s Batman cape cautions that the toy “does not enable user to fly.”
While warnings are often appropriate and necessary — the dangers of drug interactions, for example — and many are required by state or federal regulations, it isn’t clear that they actually protect the manufacturers and sellers from liability if a customer is injured. About 50 percent of the companies lose when injured customers take them to court.Now the tide appears to be turning. As personal injury claims continue as before, some courts are beginning to side with defendants, especially in cases where a warning label probably wouldn’t have changed anything. In May, Julie Nimmons, president of Schutt Sports in Illinois, successfully fought a lawsuit involving a football player who was paralyzed in a game while wearing a Schutt helmet. “We’re really sorry he has become paralyzed, but helmets aren’t designed to prevent those kinds of injuries,” says Nimmon. The jury agreed that the nature of the game, not the helmet, was the reason for the athlete’s injury. At the same time, the American Law Institute — a group of judges, lawyers, and academics whose recommendations carry substantial weight — issued new guidelines for tort law stating that companies need not warn customers of obvious dangers or bombard them with a lengthy list of possible ones. “Important information can get buried in a sea of trivialities,” says a law professor at Cornell Law School who helped draft the new guidelines. If the moderate end of the legal community has its way, the information on products might actually be provided for the benefit of customers and not as protection against legal liability.
@0001
A history of long and effortless success can be a dreadful handicap, but, if properly handled, it may become a driving force. When the United States entered just such a glowing period after the end of the Second World War, it had a market eight times larger than any competitor, giving its industries unparalleled economies of scale. Its scientists were the world’s best, its workers the most skilled. America and Americans were prosperous beyond the dreams of the Europeans and As ians whose economies the war had destroyed.
It was inevitable that this primacy should have narrowed as other countries grew richer. Just as inevitably, the retreat from predominance proved painful. By the mid-1980s Americans had found themselves at a loss over their fading industrial competitiveness. Some huge American industries, such as consumer electronics, had shrunk or vanished in the face of foreign competition. By 1987 there was only one American television maker left, Zenith. (Now there is none: Zenith was bought by South Korea’s LG Electronics in July.) Foreign-made cars and textiles were sweeping into the domestic market. America’s machine-tool industry was on the ropes. For a while it looked as though the making of semiconductors, which America had invented and which sat at the heart of the new computer age, was going to be the next casualty.
All of this caused a crisis of confidence. Americans stopped taking prosperity for granted. They began to believe that their way of doing business was failing, and that their incomes would therefore shortly begin to fall as well. The mid-1980s brought one inquiry after another into the causes of America’s industrial decline. Their sometimes sensational findings were filled with warnings about the growing competition from overseas.
How things have changed! In 1995 the United States can look back on five years of solid growth while Japan has been struggling. Few Americans attribute this solely to such obvious causes as a devalued dollar or the turning of the business cycle. Self-doubt has yielded to blind pride. “American industry has changed its structure, has gone on a diet, has learnt to be more quick-witted,” according to Richard Cavanagh, executive dean of Harvard’s Kennedy School of Government. “It makes me proud to be an American just to see how our businesses are improving their productivity,” says Stephen Moore of the Cato Institute, a thing-tank in Washington, DC. And William Sahlman of the Harvard Business School believes that people will look back on this period as “a golden age of business management in the United States.”
@0002
Being a man has always been dangerous. There are about 105 males born for every 100 females, but this ratio drops to near balance at the age of maturity, and among 70-year-olds there are twice as many women as men. But the great universal of male mortality is being changed. Now, boy babies survive almost as well as girls do. This means that, for the first time, there will be an excess of boys in those crucial years when they are searching for a mate. More important, another chance for natural selection has been removed. Fifty years ago, the chance of a baby (particularly a boy baby) surviving depended on its weight. A kilogram too light or too heavy meant almost certain death. Today it makes almost no difference. Since much of the variation is due to genes, one more agent of evolution has gone.
There is another way to commit evolutionary suicide: stay alive, but have fewer children. Few people are as fertile as in the past. Except in some religious communities, very few women have 15 children. Nowadays the number of births, like the age of death, has become average. Most of us have roughly the same number of offspring. Again, differences between people and the opportunity for natural selection to take advantage of it have diminished. India shows what is happening. The country offers wealth for a few in the great cities and poverty for the remaining tribal peoples. The grand mediocrity of today — everyone being the same in survival and number of offspring — means that natural selection has lost 80% of its power in upper-middle-class India compared to the tribes.
For us, this means that evolution is over; the biological Utopia has arrived. Strangely, it has involved little physical change. No other species fills so many places in nature. But in the past 100,000 years — even the past 100 years — our lives have been transformed but our bodies have not. We did not evolve, because machines and society did it for us. Darwin had a phrase to describe those ignorant of evolution: they “l(fā)ook at an organic being as a savage looks at a ship, as at something wholly beyond his comprehension.” No doubt we will remember a 20th century way of life beyond comprehension for its ugliness. But however amazed our descendants may be at how far from Utopia we were, they will look just like us.
@0003
When a new movement in art attains a certain fashion, it is advisable to find out what its advocates are aiming at, for, however farfetched and unreasonable their principles may seem today, it is possible that in years to come they may be regarded as normal. With regard to Futurist poetry, however, the case is rather difficult, for whatever Futurist poetry may be — even admitting that the theory on which it is based may be right — it can hardly be classed as Literature.
This, in brief, is what the Futurist says: for a century, past conditions of life have been conditionally speeding up, till now we live in a world of noise and violence and speed. Consequently, our feelings, thoughts and emotions have undergone a corresponding change. This speeding up of life, says the Futurist, requires a new form of expression. We must speed up our literature too, if we want to interpret modern stress. We must pour out a large stream of essential words, unhampered by stops, or qualifying adjectives, or finite verbs. Instead of describing sounds we must make up words that imitate them; we must use many sizes of type and different colored inks on the same page, and shorten or lengthen words at will.
Certainly their descriptions of battles are confused. But it is a little upsetting to read in the explanatory notes that a certain line describes a fight between a Turkish and a Bulgarian officer on a bridge off which they both fall into the river — and then to find that the line consists of the noise of their falling and the weights of the officers: ‘Pluff! Pluff! A hundred and eighty-five kilograms.’
This, though it fulfills the laws and requirements of Futurist poetry, can hardly be classed as Literature. All the same, no thinking man can refuse to accept their first proposition: that a great change in our emotional life calls for a change of expression. The whole question is really this: have we essentially changed?
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