Law in Contemporary Society

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JacquelynHehirFirstPaper 4 - 06 Jul 2010 - Main.CarolineFerrisWhite
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 
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Applying a Lesson Learned as a Teacher.

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Applying a Lesson Learned as a Teacher

 -- By JacquelynHehir - 27 Feb 2010
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Starting with what I know: the essential quality of a good teacher.

The best teachers are the ones who start with the assumption that they are responsible for their students’ failures. Although that probably sounds intuitive to a non-teacher, it is probably the hardest part of the job. At times failure seems inescapable, and there are always excuses and scapegoats: the administration, the parents, the curriculum, the generation, the apathy, the technology, the facility, the materials. The list goes on, and blaming these factors is so much easier than taking responsibility for the failure, and often becomes the default mentality for educators.
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Starting with what I know: the essential quality of a good teacher

The best teachers start with the assumption that they are responsible for their students' failures. Although that probably sounds intuitive to a non-teacher, it is the hardest part of the job. Failure often seems inevitable, and there are ample excuses and scapegoats: the facility, the technology, the materials, the curriculum, the administration, the parents, the generation, the apathy. The list goes on. Placing blame is so much easier than taking responsibility, and is the default reaction of many educators.
 
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Yet, teachers who do take responsibility have a huge advantage over those who do not. They can change things. This is what makes them better teachers. Blaming factors outside the teacher’s control, even if they undoubtedly affect student achievement, does not provide an avenue to fix the problem. Instead, the best teachers embrace the fact that, no matter the context, they can and must do what is necessary to help their students succeed. If their students fail, so have they.
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Yet, teachers who do take responsibility have a huge advantage over those who do not: they can change things. This makes them better teachers. Teachers who blame external forces, even if they undoubtedly affect student achievement, foreclose rather than facilitate change. The best teachers focus on what they can control rather than what they can't. They shrug off the passivity of the finger-pointers, and do what is necessary to help their students succeed, no matter what the context. They understand that if their students fail, so do they.
 
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Application to the world at large.

As intuitive as it is that teachers should take responsibility for their students’ failures, people sometimes seem to find it much harder to accept the parallel and equally true concept that citizens should take responsibility for their society’s failures. Each of us, simply by existing in this world, are complicit in our society’s mistakes. Many of us do not acknowledge this, preferring to take the excuse and scapegoat route. Granted, as citizens, we cannot take responsibility for everything. Primarily this is because there are just too many battles that need to be fought, and sainthood is hard to come by. But that is not an excuse to do nothing.
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Application to the world at large

As intuitive as it is that teachers should take responsibility for their students' failures, people seem to find it harder to accept the parallel and equally true concept that citizens should take responsibility for their society's failures. Each of us, simply by existing in this world, is complicit in our society's mistakes. Many of us do not acknowledge this, preferring to take the excuse-and-scapegoat route. Granted, citizens cannot take responsibility for everything. There are just too many battles that need to be fought, and sainthood is hard to come by. Inability to fix every problem, however, is not an excuse to do nothing.
 
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John Brown took responsibility for American slavery. To an outside observer, there is no clear reason why he did this. He was not a rich man, he was not a politician, and he was not a slave owner; there was no direct link between his existence and the perpetuation of slavery. Certainly nobody would have judged him morally blameworthy if he simply spoke out against slavery when appropriate, and otherwise lived out his life quietly.
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John Brown took responsibility for American slavery. To an outside observer, there is no clear reason why he did this. He was not a rich man, he was not a politician, and he was not a slave owner; there was no direct link between his existence and the perpetuation of slavery. Nobody would have found him morally culpable if he simply spoke out against slavery when appropriate, and otherwise lived out his life quietly.
 
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Yet, instead he acted. He claimed that, “The cry of distress of the oppressed is my reason, and the only thing that prompted me to come here.” But those cries were heard by thousands of people, many who did nothing, many who pretended to do something, many who made a lot of noise about how something should be done, and many who made excuses for why they could not do anything. So it could not have been solely those cries that prompted John Brown to act. Instead he made slavery his problem, his responsibility. Only then did he have the tools to actually make a difference.
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Yet instead, he acted. He claimed that "the cry of distress of the oppressed is my reason, and the only thing that prompted me to come here." But those cries were heard by thousands of people, many who did nothing, many who pretended to do something, many who made a lot of noise about how something should be done, and many who made excuses for why they could not do anything. So it could not have been solely those cries that prompted John Brown to act. Instead he made slavery his problem, his responsibility. Only then did he have the tools to make a difference.
 

Avoiding the fate of Stack

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Of course, taking responsibility is only the first step. A teacher may understand that she is the one who has the ability to help her students succeed, yet do nothing. Or she may do something that is not tailored to the correct goal, or even something harmful. A. Joseph Stack fought against the injustices he perceived, but incorrectly selected his method. He thought that his act would inspire people to “wake up.” This is a laudable goal, but as Brown recognized, not a goal that is likely to be met by the killing of innocents. Brown noted that he did not wish for his men to be mistaken as those who, “had no regard for life and property, nor any feelings of humanity.”
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Taking responsibility is only the first step. A teacher may understand that she is the one who has the ability to help her students succeed and still do nothing. Or she may do something harmful, or not tailor her actions to the correct goal. A. Joseph Stack fought against the injustices he perceived, but chose the wrong method. He thought that his act would inspire people to "wake up." This is a laudable goal, but as Brown recognized, one that is unlikely to be met by the killing of innocents. Brown noted that he did not wish for his men to be mistaken for those who "had no regard for life and property, nor any feelings of humanity."
 
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It is that feeling of humanity that colors the correct methods differently from the poor ones. Stack’s actions resulted in the death of a man; a death that was not due to an act of self-defense. Vernan Hunter’s death was not humane. Killing others who are entrapped in the same web of frustration and stolen autonomy will never further a cause, and is likely to turn those who should be on your side against you. This was Stack’s mistake.
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That feeling of humanity separates the effective methods from the poor ones. Stack's actions killed a man. Stack was not acting in self-defense. Vernan Hunter's death was not humane. Killing others who are trapped in the same web of frustration and stolen autonomy will never further a cause, and is likely to turn potential supporters against you. This was Stack's mistake.
 

Application to a legal career

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So the question remains, how do people take responsibility as lawyers? Lawrence Joseph, through his character Robinson, points out that “A real lawyer knows how to take care of a legal problem.” Maybe the first step is to recognize that a lawyer can take care of legal problems, and when legal problems go unsolved, it is our fault. We, through luck or riches, are the ones who will become lawyers, and we have no excuse to shirk this responsibility. Yet, that explanation standing alone leaves some dissatisfaction. If the goal of a lawyer is to solve legal problems, then how do we define legal problem?
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The question remains: how can lawyers take responsibility in their careers? Robinson points out that "a real lawyer knows how to take care of a legal problem." Maybe the first step is to recognize that a lawyer can take care of legal problems, and when legal problems go unsolved, it is our fault. We, through luck or riches, will become lawyers; this responsibility is ours.

But how do we define legal problems? A teacher has the luxury of a few core goals, which are generally unassailable. Children should be taught to read and solve math problems, and by measuring those abilities, teachers also measure their success. There are certainly other goals that a teacher may set, which may be easier to challenge, but reading, writing, and arithmetic, as the saying goes, are fundamental.

 
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A teacher has the luxury of a few core goals, which are generally difficult to argue against. Children should be taught to read and solve math problems, and by measuring those abilities, teachers have a clear idea of their success. There are certainly other goals that a teacher may set, which are much easier to challenge, but that does not negate the reading/math core.
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Defining legal goals is more complicated. For example, criminal prosecutors can solve problems by ensuring punishment for those who commit crimes, but the criminal defender is also working to solve the problem of a system that is not punishing crimes as much as it is punishing race and class. Can these goals be reconciled?
 
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Legal goals are more complicated. For example, it is easy to argue that a criminal prosecutor is solving problems by ensuring punishment for those who commit crimes, but it is also arguable that the criminal defender is working to solve the problem of a system that is not punishing crimes as much as it is punishing race and class. Can these seemingly opposed goals be reconciled?
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Yes, they can. The key is to color our choices with "feelings of humanity," not simply by avoiding murder, but by making legal choices with empathy and respect for all. We must take responsibility for our careers, and accept that if our choices cause suffering, we have failed. As a good teacher knows, that failure is avoidable, and it can be remedied. The choice is ours.
 
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Yes, they can. The key is to color our choices with “feelings of humanity”. Not simply by avoiding murder (which, to be sure, is an important subsidiary result), but by making legal choices that represent a basic respect for all. We must take responsibility for our career choices, and if our choices cause suffering to innocents, that is our problem. A problem that we, as individuals, must fight to solve.
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Jackie,
 
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As with your second paper, your argument here is very strong. Your moves are reasoned and logical, and I found myself agreeing with you at each step. I appreciate your reading of both John Brown and Stack, and I think you've fleshed out the difference in their approaches very effectively. I might call Stack's failure a failure of empathy, but that's just me. Heh. I think this failure happens most often when someone's personal hurts blind them to the rights and needs and entitlements of the rest of the world. Stack felt personally attacked, which is another way in which he is different from John Brown. Brown internalized the wrongs of slavery and made them his responsibility, but he took up arms on behalf of others, not to vindicate some wrong against himself. Maybe this difference can also help us, as lawyers, to remember to leave our egos out of it as much as possible, and when we do feel wronged, to not lose our powers of empathy. I find this difficult; I don't think I'm the only one. You have 86 words to play with (not much, I know) if you feel like exploring that idea at all.
 
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I felt like the best way to contribute was to make some language and style tweaks here and there, so I've "rewritten" (if you can call it a that) and you are free, as always, to abandon all changes (but not all hope).
 
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-- Caroline
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JacquelynHehirFirstPaper 3 - 29 May 2010 - Main.JacquelynHehir
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META TOPICPARENT name="FirstPaper"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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Avoiding the fate of Stack

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Of course, taking responsibility is only the first step. A teacher may understand that she is the one who has the ability to help her students succeed, yet do nothing. Or she may do something that is not tailored to the correct goal, or even something harmful. A. Joseph Stack fought against the injustices he perceived, but incorrectly selected his method. He thought that his act would inspire people to “wake up.” This is a laudable goal, but an unlikely result from his chosen action. So there are improper executions of responsibility, and it is important that the method one chooses is likely to result in the desired change.
>
>
Of course, taking responsibility is only the first step. A teacher may understand that she is the one who has the ability to help her students succeed, yet do nothing. Or she may do something that is not tailored to the correct goal, or even something harmful. A. Joseph Stack fought against the injustices he perceived, but incorrectly selected his method. He thought that his act would inspire people to “wake up.” This is a laudable goal, but as Brown recognized, not a goal that is likely to be met by the killing of innocents. Brown noted that he did not wish for his men to be mistaken as those who, “had no regard for life and property, nor any feelings of humanity.”

It is that feeling of humanity that colors the correct methods differently from the poor ones. Stack’s actions resulted in the death of a man; a death that was not due to an act of self-defense. Vernan Hunter’s death was not humane. Killing others who are entrapped in the same web of frustration and stolen autonomy will never further a cause, and is likely to turn those who should be on your side against you. This was Stack’s mistake.

 

Application to a legal career

So the question remains, how do people take responsibility as lawyers? Lawrence Joseph, through his character Robinson, points out that “A real lawyer knows how to take care of a legal problem.” Maybe the first step is to recognize that a lawyer can take care of legal problems, and when legal problems go unsolved, it is our fault. We, through luck or riches, are the ones who will become lawyers, and we have no excuse to shirk this responsibility. Yet, that explanation standing alone leaves some dissatisfaction. If the goal of a lawyer is to solve legal problems, then how do we define legal problem?
Changed:
<
<
A teacher has the luxury of a few core goals, which are generally difficult to argue against. Children should be taught to read and solve math problems, and by measuring those abilities, teachers have a clear idea of their success. There are certainly other goals that a teacher may set, which are much easier to challenge, but that does not negate the reading/math core. Legal goals are more complicated. Lawyers working for corporations undoubtedly think that they are faced with legal problems, and celebrate themselves for solving those problems. Likewise, just as it is easy to argue that a criminal prosecutor is solving problems by ensuring punishment for those who commit crimes, it is also arguable that the criminal defender is working to solve the problem of a system that is not punishing crimes as much as it is punishing race and class. Somewhere, in all of this, are there core goals we all agree on? Or do we have to each make our own evaluation?
>
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A teacher has the luxury of a few core goals, which are generally difficult to argue against. Children should be taught to read and solve math problems, and by measuring those abilities, teachers have a clear idea of their success. There are certainly other goals that a teacher may set, which are much easier to challenge, but that does not negate the reading/math core.

Legal goals are more complicated. For example, it is easy to argue that a criminal prosecutor is solving problems by ensuring punishment for those who commit crimes, but it is also arguable that the criminal defender is working to solve the problem of a system that is not punishing crimes as much as it is punishing race and class. Can these seemingly opposed goals be reconciled?

Yes, they can. The key is to color our choices with “feelings of humanity”. Not simply by avoiding murder (which, to be sure, is an important subsidiary result), but by making legal choices that represent a basic respect for all. We must take responsibility for our career choices, and if our choices cause suffering to innocents, that is our problem. A problem that we, as individuals, must fight to solve.

 
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At this point, I don't pretend to have the ability to answer these questions. Although, I do think that John Brown offers us a good starting framework. He said, “I respect the rights of the poorest and weakest of colored people, oppressed by the slave system, just as much as I do those of the most wealthy and powerful. This is the idea that has moved me, and that alone.” If I may echo his wisdom, perhaps if we start with the goal of restoring/preserving respect for all people, we have found a worthy core.
 
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This is rhetorically accomplished. The central weakness in the argument is that you don't show how Stack "incorrectly selected" the method you imply Brown was correct to choose: violence to "wake people up." A reason might be given, can be given, was given by Brown. But if you had given it, although your "making students' failure your problem" metaphor probably could be retained, the analysis would grow more complex.
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JacquelynHehirFirstPaper 2 - 28 Mar 2010 - Main.EbenMoglen
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META TOPICPARENT name="FirstPaper"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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 At this point, I don't pretend to have the ability to answer these questions. Although, I do think that John Brown offers us a good starting framework. He said, “I respect the rights of the poorest and weakest of colored people, oppressed by the slave system, just as much as I do those of the most wealthy and powerful. This is the idea that has moved me, and that alone.” If I may echo his wisdom, perhaps if we start with the goal of restoring/preserving respect for all people, we have found a worthy core.
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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" on the next line:

# * Set ALLOWTOPICVIEW = TWikiAdminGroup, JacquelynHehir

Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list

>
>
This is rhetorically accomplished. The central weakness in the argument is that you don't show how Stack "incorrectly selected" the method you imply Brown was correct to choose: violence to "wake people up." A reason might be given, can be given, was given by Brown. But if you had given it, although your "making students' failure your problem" metaphor probably could be retained, the analysis would grow more complex.
 \ No newline at end of file

JacquelynHehirFirstPaper 1 - 27 Feb 2010 - Main.JacquelynHehir
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META TOPICPARENT name="FirstPaper"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Applying a Lesson Learned as a Teacher.

-- By JacquelynHehir - 27 Feb 2010

Starting with what I know: the essential quality of a good teacher.

The best teachers are the ones who start with the assumption that they are responsible for their students’ failures. Although that probably sounds intuitive to a non-teacher, it is probably the hardest part of the job. At times failure seems inescapable, and there are always excuses and scapegoats: the administration, the parents, the curriculum, the generation, the apathy, the technology, the facility, the materials. The list goes on, and blaming these factors is so much easier than taking responsibility for the failure, and often becomes the default mentality for educators.

Yet, teachers who do take responsibility have a huge advantage over those who do not. They can change things. This is what makes them better teachers. Blaming factors outside the teacher’s control, even if they undoubtedly affect student achievement, does not provide an avenue to fix the problem. Instead, the best teachers embrace the fact that, no matter the context, they can and must do what is necessary to help their students succeed. If their students fail, so have they.

Application to the world at large.

As intuitive as it is that teachers should take responsibility for their students’ failures, people sometimes seem to find it much harder to accept the parallel and equally true concept that citizens should take responsibility for their society’s failures. Each of us, simply by existing in this world, are complicit in our society’s mistakes. Many of us do not acknowledge this, preferring to take the excuse and scapegoat route. Granted, as citizens, we cannot take responsibility for everything. Primarily this is because there are just too many battles that need to be fought, and sainthood is hard to come by. But that is not an excuse to do nothing.

John Brown took responsibility for American slavery. To an outside observer, there is no clear reason why he did this. He was not a rich man, he was not a politician, and he was not a slave owner; there was no direct link between his existence and the perpetuation of slavery. Certainly nobody would have judged him morally blameworthy if he simply spoke out against slavery when appropriate, and otherwise lived out his life quietly.

Yet, instead he acted. He claimed that, “The cry of distress of the oppressed is my reason, and the only thing that prompted me to come here.” But those cries were heard by thousands of people, many who did nothing, many who pretended to do something, many who made a lot of noise about how something should be done, and many who made excuses for why they could not do anything. So it could not have been solely those cries that prompted John Brown to act. Instead he made slavery his problem, his responsibility. Only then did he have the tools to actually make a difference.

Avoiding the fate of Stack

Of course, taking responsibility is only the first step. A teacher may understand that she is the one who has the ability to help her students succeed, yet do nothing. Or she may do something that is not tailored to the correct goal, or even something harmful. A. Joseph Stack fought against the injustices he perceived, but incorrectly selected his method. He thought that his act would inspire people to “wake up.” This is a laudable goal, but an unlikely result from his chosen action. So there are improper executions of responsibility, and it is important that the method one chooses is likely to result in the desired change.

Application to a legal career

So the question remains, how do people take responsibility as lawyers? Lawrence Joseph, through his character Robinson, points out that “A real lawyer knows how to take care of a legal problem.” Maybe the first step is to recognize that a lawyer can take care of legal problems, and when legal problems go unsolved, it is our fault. We, through luck or riches, are the ones who will become lawyers, and we have no excuse to shirk this responsibility. Yet, that explanation standing alone leaves some dissatisfaction. If the goal of a lawyer is to solve legal problems, then how do we define legal problem?

A teacher has the luxury of a few core goals, which are generally difficult to argue against. Children should be taught to read and solve math problems, and by measuring those abilities, teachers have a clear idea of their success. There are certainly other goals that a teacher may set, which are much easier to challenge, but that does not negate the reading/math core. Legal goals are more complicated. Lawyers working for corporations undoubtedly think that they are faced with legal problems, and celebrate themselves for solving those problems. Likewise, just as it is easy to argue that a criminal prosecutor is solving problems by ensuring punishment for those who commit crimes, it is also arguable that the criminal defender is working to solve the problem of a system that is not punishing crimes as much as it is punishing race and class. Somewhere, in all of this, are there core goals we all agree on? Or do we have to each make our own evaluation?

At this point, I don't pretend to have the ability to answer these questions. Although, I do think that John Brown offers us a good starting framework. He said, “I respect the rights of the poorest and weakest of colored people, oppressed by the slave system, just as much as I do those of the most wealthy and powerful. This is the idea that has moved me, and that alone.” If I may echo his wisdom, perhaps if we start with the goal of restoring/preserving respect for all people, we have found a worthy core.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" on the next line:

# * Set ALLOWTOPICVIEW = TWikiAdminGroup, JacquelynHehir

Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list


Revision 5r5 - 13 Jan 2012 - 23:14:14 - IanSullivan
Revision 4r4 - 06 Jul 2010 - 03:09:48 - CarolineFerrisWhite
Revision 3r3 - 29 May 2010 - 16:01:39 - JacquelynHehir
Revision 2r2 - 28 Mar 2010 - 16:31:01 - EbenMoglen
Revision 1r1 - 27 Feb 2010 - 02:52:23 - JacquelynHehir
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