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5 Wm. & Mary Pol'y Rev. 1 (2013)

handle is hein.journals/wamprev5 and id is 1 raw text is: IN DEFENSE OF CIRCULAR REASONING: THE AFFORDABLE CARE ACT AND THE RESILIENCE OF LAW AND SELF- REFERENCE Christina S. HoI' >* INTRODUCTION Self-referential, circular phenomena abound in modern life. Markets plunge based on investors' fear of a bear market. When a song is declared a hit, it is played on heavy rotation and therefore becomes well-known and popular. Broken windows beget more community disorder.4 In not only these but many other examples, self-reference rears its head. In each instance, the input generates the output which then itself constitutes an input. This paper looks specifically at self-referential phenomena in the health system as a means of understanding the functions self-reference may serve, and how law, itself a self-referential system, interacts with social ordering of a circular nature. This article examines two examples of circular decisions in the health 1*/>, Many thanks to the participants of the Rutgers-Newark Faculty Colloquium, the St. Louis University Health Law Scholars Workshop, the Seton Hall Faculty Colloquium, the University of Toronto Health Law & Ethics Seminar, and an anonymous peer reviewer. Hans Men provided excellent research assistance. Errors and omissions reflect solely upon the author. 2 Robert J. Shiller, The Beauty Contest That's Shaking Wall St., N.Y TIMES, September 4, 2011, ,http://www.nytimes.com/2011/09/04/business/economy/on-wall-st-a- keynesian-beauty-contest.html?scp=7sq keynesst nyt r-1. 3 Jean-Paul Sartre, , Critique of Dialectical Reason, trans. Alan Sheridan-Smith, ed. Jonathan R~e (Paris: Editions Gallimard, 1976), 644-647. 4 James Q. Wilson and George L. Kelling, Broken Windows: The Police and Neighborhood Safety, The Atlantic Monthly, March 1982.; George Kelling and Catherine Coles, Fixing Broken Windows: Restoring Order and Reducing Crime in Our Communities C(New York: The Free Press, 1998).

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