Law in Contemporary Society

View   r7  >  r6  ...
ANoteOnCohenAndHobbes 7 - 11 Jan 2010 - Main.IanSullivan
Line: 1 to 1
Changed:
<
<
META TOPICPARENT name="ClassNotesJan24"
>
>
META TOPICPARENT name="ClassNotes2008Jan24"
 In the spirit of some concerns posted on the discussion under the rubric of free speech, I would like to turn some ears over to Cohen's conception of the 'state,' which, I think, calls into question many ethical issues noteworthy for our discussion: "The process by which government is created and its commands formulated is a process of human bargaining, based upon mutual consent but weighted by the relative power of conflicting individuals or groups" (837). I would break this statement into three parts: (1) creation of government and formulation of laws arise out of continuous negotiations between private individuals and collective interests; (2) the terms of the offer generated by this bargaining are accepted and consented to; (3) and yet everybody's influence in this process is not on an equal playing field, but, rather, is separated along lines of relative and unequal densities constantly in "conflicting" tension.

This conception implies a danger largely prevalent in our society: corruption. To return to a familiar question: Why has the chief clerk of the Supreme Court found so much resistance in Congress to change the judicial register by dividing opinions into numbered paragraphs as to render it more legible? Because mutual consent in our contemporary society brings with it a crucial caveat - mutual does not mean equal, and the law is not indifferent to the refracted forces at play. I wonder whether there is hidden in this idea an echo of Holmes's distinction, quoting Hegel, between the appetite and the opinion, money and the command of ideas. It would be great to hear your thoughts on (1) the 'practicality' of Cohen's conceived world (2) the potential for corruption in this model and (3) how much our process disguises and consequently legitimizes this corruption with political and legal rhetoric and systems, "appeals to reason or goodness" (837)?


Revision 7r7 - 11 Jan 2010 - 16:54:17 - IanSullivan
Revision 6r6 - 30 Jan 2008 - 17:16:17 - JesseCreed
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.
Syndicate this site RSSATOM