The law is erected on many fictions and perhaps the falsest one of all is that humans, in the end, are rational. Without doubt, our life—so far as we can tell—is one of cause and effect. That is what science depends on. But our most intimate decisions are rarely based on the kinds of calculations of pluses and minuses Jeremy Bentham, or the free-market economists for that matter, have wanted to believe in. We are fundamentally emotional creatures. In the most consequential matters, we answer faithfully to the heart’s cry, not the law’s.
The law is erected on many fictions and perhaps the falsest one of all is that humans, in the end, are rational. Without doubt, our life—so far as we can tell—is one of cause and effect. That is what science depends on. But our most intimate decisions are rarely based on the kinds of calculations of pluses and minuses Jeremy Bentham, or the free-market economists for that matter, have wanted to believe in. We are fundamentally emotional creatures. In the most consequential matters, we answer faithfully to the heart’s cry, not the law’s.

