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Noah Feldman21 October 2021

#540: Harvard Polymath Noah Feldman — Deep Focus for Hyper-Productivity, Learning 10+ Languages, Predicting the Future with History, the Possibilities (and Limitations) of DAOs, Lessons from the Iraq Invasion, Designing the Supreme Court of Facebook, the Virtue of Scholarship, and the Wild Life of Oliver Wendell Holmes, Jr.

6Frameworks
12Insights

Frameworks in this episode

Insights & moments

The myth-busts, hot takes, explainers, and tools worth keeping.

Myth Buster· 1

Myth Buster1:37:30

DAOs Are Not Automatically Good at Every Collective Decision

DAOs make a compelling bet on a crowd's ability to allocate resources without central authority, but Feldman warns that decentralized organizations have recurring limits. Historical examples suggest they can coordinate some bounded purposes well while struggling with conflict, direct competition, and changing objectives.

  • DAO participation is a bet on collective wisdom and coordination
  • Different crowds perform differently on factual and predictive questions
  • Decentralized groups can coordinate bounded purposes
  • Conflict, competition, and evolving purposes are harder
  • Purpose and participant composition determine likely performance

to invest in a deo is in a way to bet on the wisdom of the crowd and not just the wisdom but on the…

Noah Feldman · 1:39:00

there's certain kinds of decision making that historically are really hard to make in a decentralized way

Noah Feldman · 1:40:00
#daos#decentralization#coordination#blockchain

Hot Take· 1

Hot Take1:47:30

Smart Contracts Need Flexibility, Not Just Enforcement

Feldman sees self-enforcement as the great strength of smart contracts, but immutability removes the everyday ability of contracting parties to adjust a relationship as conditions change. He predicts that the intelligence of contracts must eventually include controlled evolution as well as automatic enforcement.

  • Smart contracts reduce dependence on a legal enforcement system
  • Ordinary contracts evolve through small mutual adjustments
  • Immutability can remove beneficial relational flexibility
  • Future contracts may develop algorithmic ways to evolve

what makes a smart contract better than other kinds of contracts is it's as close to self-enforcing as you can get

Noah Feldman · 1:48:00

the smartness of smart contracts needs eventually to extend not only to the enforcement side of it but also to the flexibility side of it

Noah Feldman · 1:49:30
#smart-contracts#contracts#blockchain#flexibility

Explainer· 3

Explainer18:00

Why Arabic Dialects Can Be Mutually Unintelligible

Feldman traces Arabic's broad dialect spectrum to conquest across a vast region, where Arabic mixed with local languages while the written and formal language stayed comparatively stable. Television later gave some dialects, especially Egyptian Arabic, wider intelligibility even when distant everyday dialects remained difficult for one another's speakers.

  • Spoken Arabic mixed with local languages over roughly thirteen centuries
  • Written and Quranic Arabic remained more stable
  • Iraqi and Moroccan or Tunisian colloquial speech can be mutually difficult
  • Egyptian television spread comprehension of Egyptian Arabic

the daily spoken languages diverged even as the written language remained pretty standard everywhere

Noah Feldman · 19:00

people all over the arab world can still often understand egyptian arabic because they just watched it on tv

Noah Feldman · 20:00
#arabic#dialects#language-history#television
Explainer1:22:00

Every Crypto Platform Has a Constitution Beneath It

Feldman argues that a cryptocurrency platform is a governing agreement about power, issuance, distribution, conflict, and the possibility of a fork. Its distinctive feature is that written rules are instantiated in software and checked through a blockchain, but continued legitimacy still depends on predictable and broadly accepted rules.

  • Participants agree on how power and assets are distributed
  • Forks resemble constitutional revolution or civil war
  • Software instantiates and enforces the written rules
  • Predictability and perceived fairness sustain legitimacy

beneath every crypto platform is a literal agreement words written on paper that describe what the rules are going to be

Noah Feldman · 1:23:30

if you withdraw either of those components either the predictability or the fairness the constitutional system will collapse

Noah Feldman · 1:25:30
#crypto#blockchain#governance#legitimacy
Explainer1:50:30

How Lincoln Turned a Compromise into a Moral Constitution

Feldman argues that the original Constitution genuinely embedded compromises protecting slavery and was not widely understood as a moral blueprint. Lincoln began as a lifelong compromiser, but the Civil War and emancipation broke the old settlement and helped refound constitutional identity around moral aspiration, even though Lincoln publicly justified emancipation as a war measure.

  • The original constitutional agreement protected slavery
  • Lincoln initially promised not to interfere with slavery
  • He framed emancipation as necessary to win the war
  • Feldman believes Lincoln could not admit even to himself that morality drove the change
  • After the war, constitutional identity became tied to higher moral aspiration

when people say that slavery and racism were baked into the original constitution that's just a fact

Noah Feldman · 1:56:00

nobody thought the constitution was moral the people who supported the constitution knew it was a compromise with slavery

Noah Feldman · 2:00:00
#lincoln#slavery#constitution#civil-war#emancipation

Story· 3

Story32:00

Why Feldman Thought He Was Failing at Therapy

Feldman initially treated therapy like a concentrated work session that should produce a measurable accomplishment. Over time, he realized that talk therapy required him to stop forcing an outcome and allow thoughts to emerge, an approach unlike the achievement-focused mode he used elsewhere.

  • He expected each session to produce a clear result
  • The absence of immediate revelation felt like failure
  • Therapy became useful only when he stopped forcing achievement
  • His behaviorist upbringing may have made inner reflection harder

i was mistakenly thinking that therapy was like every other thing that i do you know a concentrated 45 minute session where you're supposed to…

Noah Feldman · 32:30

you have to just let things bubble up you can't force it

Noah Feldman · 34:00
#therapy#self-reflection#achievement#mental-health
Story55:00

The 99 Percent Test and the Cost of Constant Reinforcement

Feldman's social-psychologist father used subtle positive and negative reinforcement rather than spelling out every lesson. A score of 99 earned praise followed by the question of what went wrong, encouraging learning and high effort while also creating a lasting feeling that achievement was never quite enough.

  • Praise supplied positive reinforcement
  • A follow-up question redirected attention to the single error
  • The pattern encouraged hard work and correction
  • It also made complete satisfaction difficult

that's great that would be the positive affirmation then there would be a beat one two three what'd you get wrong

Noah Feldman · 58:00

you never really feel like you've done enough

Noah Feldman · 58:30
#parenting#behaviorism#perfectionism#psychology
Story2:09:30

Oliver Wendell Holmes Jr.: Let the Experiment Run

Feldman presents Holmes as a Civil War veteran, legal pragmatist, and later Supreme Court celebrity whose central idea was that law develops through experience rather than pure logic. His willingness to let governments test progressive laws also supported free speech, because social experimentation requires ideas to circulate, though Feldman stresses Holmes's serious moral failings, including support for eugenics.

  • Holmes interpreted law through accumulated experience
  • He treated life and social policy as experiments
  • He resisted courts blocking every progressive legislative experiment
  • Free speech enabled the exchange of experimental ideas
  • His eugenics decision remains a major and explicit stain

the life of the law has not been logic it has been experience

Noah Feldman · 2:11:30

he went down in history as one of the greatest justices of all time mostly because he was always saying look let the experiment run…

Noah Feldman · 2:15:00
#oliver-wendell-holmes#pragmatism#law#free-speech#history

Q&A· 2

Q&A47:30

Why a Medieval Scholar Chose Law

Feldman valued scholarship for its own sake but worried that his personality would leave him dissatisfied if his work affected only a tiny academic circle. Law offered another kind of code to study while producing outputs that could affect real people, for better or worse.

  • He found medieval study intrinsically enjoyable
  • He respected scholarship while questioning his personal fit with its impact
  • Law combined deep analysis with real-world consequences
  • Legal work can either harm people or improve institutions

i believe the study for its own sake is tremendously valuable

Noah Feldman · 48:00

law seemed to me like a domain where you could still try to crack the codes you could still study things you could still try…

Noah Feldman · 48:30
#law#scholarship#career#impact
Q&A2:19:30

Did the Iroquois Confederacy Influence the U.S. Constitution?

Feldman says the founders knew the Iroquois Confederacy as a nearby practical example of tribes sharing some collective governance while retaining local sovereignty. Madison's surviving reading notes do not discuss it, but his search across ancient and modern confederacies makes it fair to include the Iroquois system in the intellectual environment surrounding federalism, not to claim a simple documented line of copying.

  • The tribes formed an alliance with shared decision-making methods
  • The founders interacted with and knew of the confederacy
  • Madison studied many ancient and modern confederations
  • His book-based notes did not document the Iroquois example
  • Its influence is best described as part of the framers' thought world

the founders knew about the iroquois confederacy because it was right there interacting with them

Noah Feldman · 2:21:00

it was you know part of the the thought world that they were engaged with

Noah Feldman · 2:22:30
#iroquois-confederacy#federalism#constitution#james-madison

Takeaway· 2

Takeaway09:00

A New Language Can Break Your Inherited Worldview

Feldman says learning Arabic as a teenager changed his worldview because it let him participate in a thought world he had previously viewed from outside. Hearing a perspective nearly opposite to the one in which he was raised taught him that people can describe the same reality in fundamentally different ways without anyone consciously lying.

  • Language gives access to a community's internal thought world
  • An inherited account can be sincere yet incomplete
  • Opposing perspectives can alter how a teenager interprets reality

when you learn a language it puts you in the thought world of the people who speak it

Noah Feldman · 09:30

someone always sees things the opposite way that you see them

Noah Feldman · 10:30
#languages#perspective#arabic#learning
Takeaway2:35:30

Pandemic Recovery Is a Global Coordination Experiment

Feldman describes recovery from COVID-19 as a live experiment in worldwide coordination with immediate human stakes. Because unchecked circulation gives the virus more opportunities to mutate, limiting spread everywhere requires resource sharing and cooperation beyond what countries had yet achieved at the time of the interview.

  • Viruses do not respect national borders
  • More circulating virus creates more opportunities for mutation
  • Every country benefits when global circulation falls
  • The response requires deeper coordination and resource sharing

a virus does not know borders

Noah Feldman · 2:36:00

we need world coordination of a kind that we have not yet fully seen

Noah Feldman · 2:36:30
#covid-19#pandemic#global-coordination#public-health