Law in Contemporary Society

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As American society underwent a radical shift in the time of the New Deal, American thinkers like Thurman Arnold sought to provide descriptive explanations of what was going on. Something was different in America, it seemed, but the changes must have been connected to (or at least similar to) social movements around the world and throughout history. Arnold provides a coolly rational account for why our society - with its organizations big (the national government) and small (a rotary organization) - works the way that it does. This was no small task, and Arnold's writing continues to captivate. Yet his work adopts an intensely professorial tone: he has the answers. This is the way that things are, he seems to declare. His work seeks to simplify and elicit “aha moments” and feelings in his reader.
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As American society underwent a radical shift in the time of the New Deal, American thinkers like Thurman Arnold sought to provide descriptive explanations of what was going on. It seemed to many that something was different in America, but also that these changes must have been connected to similar social movements around the world and throughout history. In the spirit of that endeavor, Arnold provides a coolly rational account for why our society - with its organizations big (the national government) and small (a rotary organization) - works the way that it does. This was no small task, and Arnold's writing continues to captivate. Yet his work adopts an intensely professorial tone: he has the answers. This is the way that things are, he seems to declare. His work seeks to simplify and elicit “aha moments” and feelings in his reader.
 In Symbols of Government, Arnold tried to explain how organizations – to him, the foundations of our society - stick together. He writes that the culture of “common values” in every organization creates an atmosphere in which ostracism of those with divergent values is tolerated, even encouraged. These organizations, he says, are bigger than the individuals comprising them: they are built to continue rather than change. In Arnold’s estimation, political animals (us) might as well be wind-up toys. We've been playing the same games, everyone from the rotary club member to the U.S. Cabinet, since we could communicate. In the vein of other legal realists like him, Arnold explains step-by-step how institutional creeds and mythologies lead to truisms organization members do not even think to challenge, as they are unable to by their position. He speaks of the “folklore of 1937” in this way: the old myths and conventional wisdom about what government is or should be caused a great deal of backlash against New Deal thinking.
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Yet as Howard Zinn points out, Arnold focuses on method to a fault. “He was so intent on sweeping away old debris, that he became obsessed, ironically, with a failure of his own in which the idea of debris-clearing crowed out the concept of what he wanted to plant in the cleared area,” says Zinn. In other words, Arnold’s work lacks some sort of overall vision to which we can turn. This is a shame, if we take somewhat for granted his unique and revelatory ideas on how organizations cohere and move from generation to generation. His emphasis on form over substance
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Yet as Howard Zinn points out, Arnold focuses on method to a fault. “He was so intent on sweeping away old debris, that he became obsessed, ironically, with a failure of his own in which the idea of debris-clearing crowed out the concept of what he wanted to plant in the cleared area,” says Zinn. In other words, Arnold’s work lacks some sort of overall vision to which we can turn. This is a shame, if we take somewhat for granted his unique and revelatory ideas on how organizations cohere and move from generation to generation. His emphasis on form over substance limits the potential power of his work.
 

Bourne and Reality

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Randolph Bourne provide some answers, or at least a foil to Arnold, in his “Twilight of Idols." Written in response to John Dewey’s call to arms in the New Republic in 1917, Bourne’s essay was concerned first with the pragmatists who supported World War I. He speaks primarily of John Dewey (who was a member of the “Metaphysical Club” with Holmes) and the journalist Walter Lippmann, publicly supported the war because it would ultimately promote democracy. In other words, the ends waiting for them after the Great War (i.e. freedom, liberty over tyranny) would excuse the means. In their support, however, the realists lost sight of the fact that war itself - and the means employed during war – were destructive and evil.
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Randolph Bourne provide some answers, or at least a foil to Arnold, in his “Twilight of Idols." Written in response to John Dewey’s call to arms in the New Republic in 1917, Bourne’s essay was concerned first with the pragmatists who supported World War I. He speaks primarily of John Dewey (who was a member of the “Metaphysical Club” with Holmes) and the journalist Walter Lippmann, who publicly supported the war because it would ultimately promote democracy. In other words, the ends waiting for them after the Great War (i.e. freedom, liberty over tyranny) would excuse the means. In their support, however, the realists lost sight of the fact that war's means - by their very nature - were destructive and evil.
 Bourne’s critique, however, is about much more than the war. Bourne explains that pragmatists have a propensity to become bogged down in the "process" and lose sight of their overarching aims. He argues that pragmatism gives its adherents a dangerous sense of optimism and control. An emphasis on method prevents the thinkers from determining, in Zinn’s words, what should be “planted.” Bourne writes that who that pragmatism works "against poetic vision, against concern for the quality of life as above the machinery of life."

Revision 17r17 - 29 Jun 2010 - 18:12:47 - JessicaCohen
Revision 16r16 - 02 Jun 2010 - 21:36:28 - JessicaCohen
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