Law in Contemporary Society

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WhenIHeardTheLearndAstronomer 6 - 22 Jan 2013 - Main.IanSullivan
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 Walt Whitman (1819–1892). Leaves of Grass. 1900. When I heard the Learn’d Astronomer

WHEN I heard the learn’d astronomer; When the proofs, the figures, were ranged in columns before me; When I was shown the charts and the diagrams, to add, divide, and measure them; When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room, How soon, unaccountable, I became tired and sick; Till rising and gliding out, I wander’d off by myself, In the mystical moist night-air, and from time to time, Look’d up in perfect silence at the stars.


WhenIHeardTheLearndAstronomer 5 - 21 Apr 2012 - Main.RyanBingham
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 Walt Whitman (1819–1892). Leaves of Grass. 1900. When I heard the Learn’d Astronomer

WHEN I heard the learn’d astronomer; When the proofs, the figures, were ranged in columns before me; When I was shown the charts and the diagrams, to add, divide, and measure them; When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room, How soon, unaccountable, I became tired and sick; Till rising and gliding out, I wander’d off by myself, In the mystical moist night-air, and from time to time, Look’d up in perfect silence at the stars.

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 Now, when I look back at this poem, it feels a little naive - like the easy way out, for me at least. I'd like to admire from afar and condemn parts of it at will, look for something more useful, but I think what needs to happen is a deep and comprehensive learning of the ugly parts, so I can use whatever I learn to make other beautiful things happen.

SherieGertler 20 Apr 2012

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I like the comparison of law to astronomy. Similar to the stars in the sky, the law always seemed to me to be an overwhelmingly complex and powerful thing, separate from and floating above us--so much bigger than any one mind could ever hope to understand. Since starting into law school, and especially since coming into contact with Eben's thoughts on the relatively weak nature of the law, I've started thinking about it differently. Where the stars are very separate from our individual and collective volitions, and essentially subject only to observation, the law demands more than observation. If we are doing our work, we will get to build up some portion of the firmament for ourselves--or reframe it, subvert it, or destroy it.

RyanBingham 21 Apr 2012


WhenIHeardTheLearndAstronomer 4 - 20 Apr 2012 - Main.SherieGertler
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 Walt Whitman (1819–1892). Leaves of Grass. 1900. When I heard the Learn’d Astronomer

WHEN I heard the learn’d astronomer; When the proofs, the figures, were ranged in columns before me; When I was shown the charts and the diagrams, to add, divide, and measure them; When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room, How soon, unaccountable, I became tired and sick; Till rising and gliding out, I wander’d off by myself, In the mystical moist night-air, and from time to time, Look’d up in perfect silence at the stars.

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 The weakness of law as a social force may be a beautiful thing, but words cannot capture the stars' beauty, and words cannot capture the law's beauty.

(SherieGertler, CourtneyDoak, HarryKhanna 28 Mar 2012)

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Harry and Courtney,

Thank you for your thoughts on this. After letting it sit for a few weeks, another thought started rolling around in my head:

What is the motivation to take the sight of the stars and the universe and present it as a series of charts and diagrams? Perhaps (and it's only a working hypothesis) society does this in order to learn from the phenomenon - explain it, grasp it, and be able to coexist and learn from it. It arguably serves a scientific purpose, and thus a societal purpose, to understand the universal system we live in, and to thereby understand how and when conditions may change, and how we can continue to live without upsetting the system.

When Whitman walks out of the classroom to look at the stars and gaze at their beauty, he does it with the luxury of being a poet and not a scientist. Similarly, while we may appreciate the beauty of the law as a weakened social force, we do it as observers, members of society. But, as lawyers, it seems it has to be more than that. We have to understand its effects and inner workings, know when the force is at it's strongest and it's weakest, and ultimately figure out how to work alongside it, if not manipulate it. Eben mentioned that the lawyer-ing we do doesn't necessarily have to be about law, but at the same time, I don't think we're off the hook from mastering it.

Now, when I look back at this poem, it feels a little naive - like the easy way out, for me at least. I'd like to admire from afar and condemn parts of it at will, look for something more useful, but I think what needs to happen is a deep and comprehensive learning of the ugly parts, so I can use whatever I learn to make other beautiful things happen.

SherieGertler 20 Apr 2012


WhenIHeardTheLearndAstronomer 3 - 29 Mar 2012 - Main.HarryKhanna
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In discussing some of our class reading with friends, this Walt Whitman poem came to mind. I believe it echoes and expands upon some of the themes we've been dancing around. Enjoy!
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Walt Whitman (1819–1892). Leaves of Grass. 1900. When I heard the Learn’d Astronomer
 
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Walt Whitman (1819–1892). Leaves of Grass. 1900. When I heard the Learn’d Astronomer
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WHEN I heard the learn’d astronomer; When the proofs, the figures, were ranged in columns before me; When I was shown the charts and the diagrams, to add, divide, and measure them; When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room, How soon, unaccountable, I became tired and sick; Till rising and gliding out, I wander’d off by myself, In the mystical moist night-air, and from time to time, Look’d up in perfect silence at the stars.
 
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Judicial opinions are couched in the language of “logic,” and it may be for the same reason that the astronomer in this poem gains an understanding of the stars through the equations and the numbers: it flatters human longing for certainty and repose.
 
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WHEN I heard the learn’d astronomer; When the proofs, the figures, were ranged in columns before me; When I was shown the charts and the diagrams, to add, divide, and measure them; When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room, How soon, unaccountable, I became tired and sick; Till rising and gliding out, I wander’d off by myself, In the mystical moist night-air, and from time to time, Look’d up in perfect silence at the stars.
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Whitman might agree with Holmes’ assertion that certainty is illusion and repose is not the destiny of man. The poem’s speaker ultimately seems to accept that the stars can never be fully understood, and knowledge of them is incomplete by definition, but that silence – no verbal explanation at all – is enough to adequately capture their beauty.
 
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(I accessed the poem here: http://www.bartleby.com/142/180.html)
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The weakness of law as a social force may be a beautiful thing, but words cannot capture the stars' beauty, and words cannot capture the law's beauty.
 
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-- SherieGertler - 27 Feb 2012

This poem resonates with me as well; thank you for sharing! The speaker’s idea that no words of explanation can adequately capture the stars is reminiscent of Holmes’ contention that certainty in law is generally illusion. Perhaps this astronomer emphasizes the equations and the numbers that inform his understanding of the stars for the same reason that judicial opinions are couched in the language of “logic”: it flatters human longing for certainty and repose. After reading this poem, I would venture to guess that Whitman might agree with Holmes’ assertion that certainty generally is illusion and repose is not the destiny of man. The poem’s speaker ultimately seems to accept that the stars can never be fully understood, and knowledge of them is incomplete by definition, but that silence – no verbal explanation at all – is enough to adequately capture their beauty.

This poem made me think about Holmes’ assertion that rationalizations lie at the heart of many judicial decisions, though they are veiled in the language of “objective” standards, and how Holmes’ contention manifests itself in other contexts.

-- CourtneyDoak - 27 Feb 2012

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(SherieGertler, CourtneyDoak, HarryKhanna 28 Mar 2012)

WhenIHeardTheLearndAstronomer 2 - 27 Feb 2012 - Main.CourtneyDoak
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 In discussing some of our class reading with friends, this Walt Whitman poem came to mind. I believe it echoes and expands upon some of the themes we've been dancing around. Enjoy!

Walt Whitman (1819–1892). Leaves of Grass. 1900.

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 (I accessed the poem here: http://www.bartleby.com/142/180.html)

-- SherieGertler - 27 Feb 2012

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This poem resonates with me as well; thank you for sharing! The speaker’s idea that no words of explanation can adequately capture the stars is reminiscent of Holmes’ contention that certainty in law is generally illusion. Perhaps this astronomer emphasizes the equations and the numbers that inform his understanding of the stars for the same reason that judicial opinions are couched in the language of “logic”: it flatters human longing for certainty and repose. After reading this poem, I would venture to guess that Whitman might agree with Holmes’ assertion that certainty generally is illusion and repose is not the destiny of man. The poem’s speaker ultimately seems to accept that the stars can never be fully understood, and knowledge of them is incomplete by definition, but that silence – no verbal explanation at all – is enough to adequately capture their beauty.

This poem made me think about Holmes’ assertion that rationalizations lie at the heart of many judicial decisions, though they are veiled in the language of “objective” standards, and how Holmes’ contention manifests itself in other contexts.

-- CourtneyDoak - 27 Feb 2012


WhenIHeardTheLearndAstronomer 1 - 27 Feb 2012 - Main.SherieGertler
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In discussing some of our class reading with friends, this Walt Whitman poem came to mind. I believe it echoes and expands upon some of the themes we've been dancing around. Enjoy!

Walt Whitman (1819–1892). Leaves of Grass. 1900. When I heard the Learn’d Astronomer

WHEN I heard the learn’d astronomer; When the proofs, the figures, were ranged in columns before me; When I was shown the charts and the diagrams, to add, divide, and measure them; When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room, How soon, unaccountable, I became tired and sick; Till rising and gliding out, I wander’d off by myself, In the mystical moist night-air, and from time to time, Look’d up in perfect silence at the stars.

(I accessed the poem here: http://www.bartleby.com/142/180.html)

-- SherieGertler - 27 Feb 2012


Revision 6r6 - 22 Jan 2013 - 20:05:45 - IanSullivan
Revision 5r5 - 21 Apr 2012 - 18:06:48 - RyanBingham
Revision 4r4 - 20 Apr 2012 - 22:10:48 - SherieGertler
Revision 3r3 - 29 Mar 2012 - 03:40:52 - HarryKhanna
Revision 2r2 - 27 Feb 2012 - 21:10:04 - CourtneyDoak
Revision 1r1 - 27 Feb 2012 - 18:23:58 - SherieGertler
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