Law in Contemporary Society

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DutyandResponsibility 19 - 29 Jan 2008 - Main.EbenMoglen
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I'm actually really glad no one used the words "duty" or "responsibility" in their introductory statements. I don't believe in the concept of altruism. No one does anything from which they don't benefit and I'm glad that no one decided to declare him or herself a martyr for society. If being self-sacrificing makes you feel good, then you are benefiting from your "altruistic" act. One should commit his or her life to something they love, something that brings joy. Doing something out of guilt (which is how I see "duty") will not bring you joy or self-satisfaction in life and ultimately, you can't be truly committed or good at something you do with a groan. -- KateVershov - 24 Jan 2008
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 -- ThaliaJulme - 29 Jan 2008
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I'm sorry you were distracted, Thalia. I think the first thing to do in interpreting laughter is to recognize that it comes unbidden. I don't remember which of several ironies in the situation moved mine. A moment of agility in Kate's ultimately impossible defense of the objectivist position inspired the expression of admiration. I don't know whether you imply that I wouldn't have admired the rhetorical move if a young woman hadn't made it, or that I wouldn't have called it "cute" if it had been done by a young man. Either way, I can't possibly be sure, but I think the odds are very heavily in favor. On the detail of a word, several sorts of statement of admiration might have appeared there, like the encouragement one gives someone with whom one rallies in a racket game by calling out "good shot." As I was pretty sure Kate was playing objectivist, rather than actually being an objectivist--which is not a happy fate--I thought her remarks should be judged as an advocate's performance, in which context its quality of specious agility was very striking. It was precisely cute argument--neat, well-packaged, too clever by half, prettily executed, and substantively hopeless.
 
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I have a few concerns about class discussion and I am not sure this is the best place to address this. (Perhaps the wiki bill of rights topic would be more appropriate, but here goes). When Kate and Eben were discussing Kate’s notion that no act is altruistic (forgive me vulgarizing your argument), I was too distracted by the tone of the discussion to think about altruism. Eben, I am not really sure what to make of your chuckles in response to Kate’s arguments. (I am not humorless I swear!) I just don’t see how chuckling fosters discussion, and her comments were not especially funny. I was most bothered by the “That’s cute.” If she hadn't been a women of a certain age, I do not think her comments would have been nearly as cute.
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One way of avoiding distraction in following dialogue in a forum like ours may be to recollect that when we are actively listening to people we are always listening on several different levels. At one level we are trying to hear their literal words and remember what they are saying. We are also taking in emotional tone, which is often indistinct or uncertain. We are also affected by the emotions of those around us, even if they do not say anything--that's why a live theater performance is always different from watching prerecorded video. And then there are the ideas themselves, which are apart from both the words and the feelings, but which we gather, respond to and remember in relation to both the linguistic and emotional layers. Creative lawyering means we want to keep channels open to all the elements at the same time. We're trying to have a consilient understanding of social life, based on bringing multiple perspectives to bear on any one thing we're trying to understand. It also helps to remember, as AndrewGradman remarks elsewhere, that our classroom is a theater for the dramatization of ideas, in which Form and Content are not entirely separated.
 
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-- ThaliaJulme - 29 Jan 2008
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-- EbenMoglen - 28 Jan 2008
 
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oops i posted twice. Sorry.

-- ThaliaJulme - 29 Jan 2008

 
 
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Revision 19r19 - 29 Jan 2008 - 04:43:53 - EbenMoglen
Revision 18r18 - 29 Jan 2008 - 01:26:21 - ThaliaJulme
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