| | |
|
RohanGreyFirstPaper 10 - 01 Jul 2012 - Main.RohanGrey
|
| |
| META TOPICPARENT | name="FirstPaper" |
|---|
| | | But if we abandon faith in the sanctuary of language, what remains upon which to structure our legal system? In short, people. “The Law” is, and should be explicitly acknowledged as, a living, breathing, human institution. Every individual possesses some degree of legal power depending on their position in society, from judges, attorneys, bureaucrats and lawmakers to citizens and even non-citizens, who retain irrecovable powers of protest and civil disobedience. The most basic legal question is thus not how to develop the perfect logical formula, but rather how to structure the overall distribution of discretionary lawmaking power between various actors in society. | |
<
< | If lawmakers pay greater attention to the structures of social power and the character of the individuals operating within it, I think we will find that many social problems begin to solve themselves. Such an approach is also likely to foster greater wisdom and empathy by prioritizing observation and interaction with communities and their participants alongside theorization and application of the law itself. Perhaps most importantly, a social paradigm that acknowledges we are fundamentally a nation of men (and women) and not laws we will ensure that problems like poverty, sickness, unemployment and violence are attacked with the full force of human imagination and potential rather than just the tools inherited from preceding generations. | | | \ No newline at end of file | |
>
> | If lawmakers pay greater attention to the structures of social power and the character of the individuals operating within it, I think we will find that many social problems begin to solve themselves. Such an approach is also likely to foster greater wisdom and empathy by prioritizing observation and interaction with communities and their participants alongside theorization and application of the law itself. Perhaps most importantly, a social paradigm that acknowledges we are fundamentally a nation of men (and women) and not laws will ensure that problems like poverty, sickness, unemployment and violence are attacked with the full force of human imagination and potential rather than just the tools inherited from preceding generations. | | | \ No newline at end of file |
|
|
|
|
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
|
|
| | |