Law in Contemporary Society

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AnjaHavedalFirstPaper 9 - 10 Jul 2009 - Main.AnjaHavedal
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Greed, Justice, Law

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 The story of the fictional fisherman is little but an aspirational illusion - an intellectual exercise that, at best, can force us to think for a moment or two about what we should value in life. In real life, we are all more or less obsessed with progress: We compete to build higher skyscrapers, engineer smarter computers, and extend life by means of science and medicine. As individuals, we strive for better jobs, fancier homes, more extravagant vacations. Yet when we attain the objects of our desire they invariably fail to bring us lasting satisfaction; an impressive paycheck, a bigger house, and higher status bring us pleasure for a fleeting moment - until a new goal takes shape on the horizon.
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Within the confines of our global metaphorical hamster wheel, we pursue what we think is our individual desire for progress and success. Like proverbial gerbils, collectively and individually convinced that there is a destination at the end of our pursuit of happiness, we run too fast to recognize when we pass the unmarked border between progress and its next-door neighbor - greed. But who can blame us for crossing that line? History makes it obvious that always wanting more is an element of human nature; we seem to be programmed to strive for more, better, bigger, smaller, faster.
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Within the confines of our global metaphorical hamster wheel, we pursue what we think is our individual desire for progress and success. Like proverbial gerbils, collectively and individually convinced that there is a destination at the end of our pursuit of happiness, we run too fast to recognize when we pass the unmarked border between progress and its next-door neighbor - greed. But who can blame us for crossing that line? History makes it obvious that always wanting more is an element of human nature; we are simply wired to constantly strive for more, better, higher, faster.
 
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Even the ascetic life of a Buddhist monk is, in the end, a constant struggle for the attainment of Nirvana.
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Even the ascetic life of a Buddhist monk is a constant struggle for the attainment of Nirvana.
 

Why is Greed a Problem?

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A year ago, in Afghanistan’s central highlands, I met a potato farmer. Statistically, he will die at 44 and at least one of his four children will never reach age 5. His family starves if the crop fails, and their mud-and-straw house disintegrates in heavy rain. Despite my aid worker badge, however, I did not want to "help" this man. Why? Because once we have installed plastic irrigation pipes, replaced donkeys with cars, and built a courthouse in this remote outpost, the potato farmer will be blinded by the name tag saying "HELLO my name is Progress," and invite Greed in for a cup of tea among the comfortable crevices of his mind. And that, I think, is a problem.
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A year ago, in Afghanistan’s central highlands, I met a potato farmer. Statistically, he will die at 44 and at least one of his four children will never reach age 5. His family starves if the crop fails, and their mud-and-straw house disintegrates in heavy rain. Despite my aid worker badge, however, I did not want to "help" this man. Why? Because once we have installed plastic irrigation pipes, replaced donkeys with cars, and built a courthouse in this remote outpost, the potato farmer will be blinded by the name tag saying "HELLO my name is Progress," and invite Greed in for a cup of tea among the comfortable crevices of his mind. Therein, I believe, lies the problem.
 
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In a world of endless resources, there would be no need to distinguish between progress and greed. In a state of utopia, every Afghan farmer could plow his field using a tractor and every Russian twenty-something could have sushi for lunch every day of the week. In reality, however, peak oil is most likely behind us, and at the current rate we will have eaten all the fish in our oceans by 2050. These hard truths, combined with a skyrocketing world population and a steady deterioration of our planet, makes defining greed in relation to progress imperative. At some point, we simply need to stop wanting more.
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In a world of endless resources, there would be no need to distinguish between progress and greed. In a state of utopia, every Afghan farmer could plow his field using a tractor and every Russian twenty-something could have sushi for lunch every day of the week. In reality, however, peak oil is most likely behind us, and at the current rate we will have eaten all the fish in our oceans by 2050. These hard truths, combined with a skyrocketing world population and a steady deterioration of our planet, makes defining greed in relation to progress imperative. At some point, we simply need to stop wanting more. Both as individuals and as a civilization.
 

For Justice to Flourish, Greed Must Be Tamed

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 If greed is part of the human condition, how do we attain justice? Do we channel Marx, proclaim that the causal relationship between material wealth and happiness is a misconception, and persuade billions of people to abandon consumerism? No. We attain justice by means of law.
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When backed by intellectual and political forces, law has the ability to curb greed in favor of justice and the equitable sharing of resources. As 21st-century lawyers, therefore, we can use advocacy, legislation and litigation creatively on domestic and international levels to reign in progress before it turns into greed and spawns further injustice. By enforcing human rights treaties, lobbying for taxes on egregious luxuries, and holding corporations accountable, we can serve justice even in a world motivated by greed.
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When backed by intellectual and political forces, law has the ability to curb greed in favor of justice and the equitable sharing of resources. As socially minded twentyfirst-century lawyers, we can use advocacy, legislation and litigation creatively on domestic and international levels to reign in progress before it turns into greed and spawns further injustice. By enforcing human rights treaties, lobbying for taxes on egregious luxuries, and holding corporations accountable for their socially irresponsible practices, we can serve justice even in a world motivated by greed.
 Human nature may be incapable of change, but as lawyers, we have the instrument to counteract some of its unfortunate features.

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