I thought to start text explications/discussions of phrases and sections of this weeks readings as Eben suggested. I will link the discussions already started on the readings here. ModernLegalMagicCritique1

“Magic, then, appears to be primitive man’s ways of dealing with specific practical problems when he is in peril or in need, and his strong desires are thwarted because his rational techniques, based upon observation, prove ineffective.” – Frank, “Modern Legal Magic” p 43

Frank suggests that “magic” enters in when what he calls “primitive science” – means for direct control over one’s environment based on observation are lacking, or at least hard to uncover due to the uncontrollable nature of many of the problems we encounter. This lack of control exists with regard to humanity, and it appears to be the human presence in the courtroom that connect this discussion of magic to the rest of the article (I will leave further discussion of that point for another quotation/explication). Essentially, Frank suggests here, when a situation is hard to address by drawing on experience or reason, there is a tendency to turn – often in desperation – to hope or desire.

This conception of magic is also discussed together with religion. It reminds me especially of Greek mythology in which the Greeks tended to chuck up to the gods that which they could not understand or could not control here on earth. Certainly, as Frank discusses, this notion of magic is closely tied up with human conceptions of God and the role the God and faith and belief offer human beings who confront the shortcomings of their mortal ability to reason and control.