Law in Contemporary Society

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KalliopeKefallinosFirstPaper 6 - 17 May 2010 - Main.KalliopeKefallinos
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Prologue: After thinking about how to edit my first paper, I finally conceded that the paper contained one fundamental flaw (as well as many more superficial flaws, of course, but I digress). Specifically, I misinterpreted the scope of Holmes' "bad man," applying it to practitioners when Holmes himself limited it to "those who want to learn the law and nothing else." Because my whole essay was constructed around the hypothetical figure of the practitioner qua bad man, I believe it would be a futile mental exercise to try to salvage this essay.
 
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What I do plan to salvage with this "re-write," however, is the larger idea that I was trying to penetrate—that is, the question of what tools the creative practitioner can use in order to be successful in the face of adversity. Over the course of the semester, I picked up on two such tools: (1) foreseeing future legal trends and becoming an expert on their subject matter, and (2) mastering oneself and one’s interpersonal relations by understanding that humans have “multiple personalities.” Because I feel as though (1) was discussed more in-depth than (2) in class and on the wiki, I plan to investigate (2) more fully here.
 

The Bad Man's Moral Dilemma

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  actual professional, who isn't a bad man at all.
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  • I think knowing my original idea will help the feedback process, so here's what I was trying to tackle: When a lawyer has something he wants to accomplish, but he sees that this something goes against established norms within the legal system such that it will be very difficult (if not impossible?) in practice to accomplish, what are his options? Should he try to change the system, or are the norms so pervasive he should better focus on overturning it? But that sounds a bit extreme. Should he create new organizations? Where would he get the money? In class, I think Eben gave one answer: become an expert on something such that those who control the current system will need your expertise in the future. This would help secure the funding aspect. The lawyer chips away at the source of the power. -- KalliopeKefallinos - 21 Mar 2010
 

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Revision 6r6 - 17 May 2010 - 17:48:39 - KalliopeKefallinos
Revision 5r5 - 12 Apr 2010 - 20:03:15 - EbenMoglen
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