Law in Contemporary Society

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KateJLeeFirstEssay 5 - 02 Jun 2017 - Main.KateJLee
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Dear you,
 
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Equality

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I am not sure why I am writing to you yet.
 
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-- By KateJLee - 06 Mar 2017
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I wrote this essay on equality, but you were always in the background of my mind, tucked away on the corner shelf. Not just tucked away, but locked away, in a solid, heavy box that was gathering dust.
 
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I was not really writing about the equality of humanity, no, that would be too vast and incomprehensible and frankly arrogant of me to think I would be able to explain what has incited centuries of war and pain and suffering in 1000 words.
 
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The Definition

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I should know; my grandparents are North Korean. I grew up on stories of hunger and loss. The only son shoved onto a refugee boat while his parents and sisters remain ashore, the smell of death creeping ever closer as he drifts away.
 
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“We hold these truths to be self-evident: that all men are created equal, that they are endowed by their Creator with certain unalienable rights…”
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So really, I was writing about you. Writing around you. Wanting to write about you, but hesitating to open the box. So I decided to approach it detached, as if I had no stake in the matter, no part in the system.
 
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Over 240 years later, equality is still sacred. At the time of drafting, “all men” excluded slaves and women, but today, at least for most students at a law school like Columbia, equality includes everyone.
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Forgive me, I was writing about my own guilt and shame of having advanced so far in life due to the stroke of sheer dumb luck, and how unworthy and undeserving I felt in light of how good and kind and noble you were as a child. Selfish to the very end. Didn’t even give you space on the page.
 
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We rarely consider the depth of this belief. We fail to consider what “all men are created equal” looks like, and we fail to compare it with our reality.
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Do you remember, that time I got my first American Barbie? How we marveled at her bright blue eyes and golden hair spun out of sunshine—how we caressed her oh so gently as we carefully washed and braided her hair? Do you remember how we would sneak into the mosque and catch a glimpse of that young boy you fancied? Or how you taught me where to find crickets?
 
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It goes without saying that equality for human beings does not mean the same.
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And despite my mother’s firm protests, I would kick off my shoes as soon as I saw you, and we would run through the rice fields and empty lots barefoot together and be princesses and monsters and mothers all at once.
 
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One may be tempted to use an analogy like this one: there is a large jar of candy for sale, and each piece is $1. Regardless of what color the candy is, each piece is $1, so they are all equal. But are they? There are always popular colors and flavors, even if there are no empirical reasons to support a certain flavor’s popularity.
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You held me when my pug went missing. Your older brother laughed and said the thief probably already grilled him as sate, and you yelled at him so I wouldn’t have to. You don’t even like dogs.
 
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I think candy analogies were somewhat destroyed by Eric Trump in the presidential campaign. At any rate, as you say below, you yourself don't find it very useful. So perhaps in the next draft you could save the space and use it wisely for something else.
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I miss the afternoons we spent roaming the streets in search of the wandering putu merchant, worn out rupiahs clenched in our small hands. Sometimes, I imagine the high pitched whistle of his cart late at night. But I am no longer in Salatiga, and putu merchants do not wander the streets of Manhattan at night. Or ever.
 
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And as intuitive as that candy analogy may be, the way human beings operate is a more complicated and repulsive matter than that of different candies selling for the same price. Unlike candies, human beings are not priced the same—and this is evident in how much we are paid, which lives are saved, and which lives are extinguished with no fanfare. The boy who sews blouses in China will never be a lawyer at Cravath, no matter how hard he works. A life extinguished in New York City means more to the world than the hundreds in North Korea.
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I remember how you stopped me on the street a day before I left Indonesia. I remember your kind eyes, stagnant but bright pools—and I remember your swollen ankles. Even as your hand was protectively placed over your swollen belly, you asked me about college plans.
 
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And all I could see was your small home behind you; thatched roof, open door revealing mud floors and haphazardly placed red plastic furniture. When what I really should have seen was just you.
 
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The Effect

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The letter beginning with “Congratulations…” from the American college I so desperately wanted to go to had already changed me, and it scares me to think I wanted to change.
 
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The greatest harm that occurs from our love of equality is when we strive for an equality that is harmful. This is the equality that is comfortable, that requires no sacrifice. The type of equality that allows a travel ban of majority Muslim countries, or the type of equality that demands that extraneous effort on the part of the disadvantaged instead of the advantaged. We speak of hurdles for people to overcome instead of hurdles for the privileged to tear down.
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And when I came back to visit, I wanted to tell you about my enchanting classmates—sons and daughters of diplomats, doctors, lawyers or entrepreneurs. All walking, talking, and eating with an unfamiliar air of courage and confidence that I did not yet have. As if they belonged there. Deserved to be there.
 
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A consequence of this is that people will focus on those who are disadvantaged instead of those who have power. We rush to the symptoms of the problem, hastily putting band aids on the oozing wounds instead of addressing the source.
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I wanted to tell you about the library, more books than we had ever seen in our entire lives. Of the lights that really seemed to burn forever. Of the snow.
 
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This is why people will spend thousands of dollars to fly to Mexico to build houses, but still support the building of a wall that will separate the nations. This is why instead of saying, “he raped her,” we like to say “she was raped.” We immediately want to know what the victim was wearing or doing—the focus is on the weak instead of the strong.
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I made it all the way to your street. That corner with those horrendous bright blue pillars with the 45 of the red 1945 fading away…
 
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By focusing on the victims of inequality, and by perpetuating the idea to others and ourselves that we are helping the victims, we believe we are fighting against equality when we are slowly destroying it. We assuage our guilt of being born in the better circumstances this way.
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You were always the braver and kinder soul of the two of us. You never lamented that I was getting an education and you weren’t, never expressed displeasure about the fact that the Barbie would always come home with me at the end of the day…
 
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A secondary harm from a shallow understanding of equality is complacency. There is a false, shallow concept of equality that will be satisfactory for most of the privileged classes. It is a superficial implementation of equality in America, but it does not, or it need not, stretch to countries like China, Iran, or God forbid, North Korea.
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Even some emotions, it seems, are reserved for the privileged.
 
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But equality, true equality, should stretch to all humans, not just those within the borders of America.
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I wish I could say the inequality keeps me up at night, but most nights I sleep astonishingly well. I wish I could say I think of you often, but really, I try as best I can to not think of you. The box has remained unmoved for years.
 
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Perhaps it would make sense to talk about revolutionary and ameliorist flavors of equality, in which the ultimate demands of the idea are either taken seriously, or defused for the value of present effect in incremental change. Obviously, Jefferson understands both that equality is ultimately inconsistent with slavery, and that a definition of equality requiring abolition will not be accepted as a basis for colonial solidarity against the King. Are we not observing in your draft the consequences of that uneasy distinction?
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I am not ready to know myself yet. But here I am. Writing is a selfish activity after all.
 
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I hope you can forgive me.
 
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It is late.
 
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Why Equality is Attractive

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A familiar silence has settled into the corners of the office. The walls are so white, and everything is so angled, in place, in order, according to some cold and unspoken system. This chair I’m sitting on could buy several of those Barbies.
 
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Why do we still insist on putting the idea of equality in a document as famous as the Declaration of Independence when a few minutes of thought will lead anyone to believe that even if it’s true theoretically, it’s not true objectively?
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I slip off my shoes and walk around barefoot, feeling the soft carpet through my thin black stockings, homesick for the rich mud that would rise through my toes.
 
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Perhaps it’s because we love ourselves, and have incredible difficulty accepting that someone might be worth more than we are worth. So instead of dealing with this issue head on, we simply equal the playing field. This is a selfish reason, but not implausible.
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I will never stop mourning your potential. And I will never stop mourning the brokenness. It is right to mourn. It is important. Every time I roam the offices barefoot, I will think of you.
 
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A more hopeful reason may be that we love others. We’ve bonded with our mothers, fathers, sisters, brothers, lovers and friends. And we do not want them to be worth less than anyone.
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There, some of the dust has been brushed away. The box has moved closer to the edge of the shelf. I have gotten rid of the lock. And now I see the beauty of it. Like when there’s a small, brilliant jewel embedded in a large lump of coal. The flash of gold in a pile of gravel.
 
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On the other side, we love feeling superior. We long to fill our endless search for satisfaction and contentment with a short-lived vindication of our value fueled by doing “better” than a fellow human being.
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With all my love,
 
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This is all quite easy to think about until we think about death. What does it mean to let a small group of people die to possible save many more? And what if your family was in that small group of people? What does it mean to let your mother die to save two people? Does the concept of equality bleed into these scenarios at all?

So here we are.

All men are created equal. Can we still believe and hope in something that has never been true?

I think we can believe in it, hope in it, and begin to slowly create a world that reflects it. It will just be a much more complicated and flexible version of equality than we are used to.

Where Do We Go From Here?

We stop thinking for a moment about how we can save others—and we begin to change ourselves. We try to find a contentment with life that does not stem from being better or worse than others. And with this complete contentment and self-produced satisfaction with life, we begin to tear down the hurdles that we have erected that are choking the others.

"The truth is rarely pure and never simple."

The spiritual outcome of the draft may be its purpose, in which case it would be a good idea, I think, to signal that to the reader at the outset. Or it may be that the more analytic first part of the draft is where you meant the weight of the reader's attention to fall. Either way, the path to a better next draft seems to me to lie through sorting out what is primary from what is secondary, and reorganizing somewhat accordingly. You want to state your main idea in the introduction, so that the reader can follow your thought without losing her way, or being disoriented in her travel by the discontinuity between the beginning and the end.


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 "#" character on the next two lines:

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 \ No newline at end of file
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Kate

KateJLeeFirstEssay 4 - 09 May 2017 - Main.EbenMoglen
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META TOPICPARENT name="FirstEssay"
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 One may be tempted to use an analogy like this one: there is a large jar of candy for sale, and each piece is $1. Regardless of what color the candy is, each piece is $1, so they are all equal. But are they? There are always popular colors and flavors, even if there are no empirical reasons to support a certain flavor’s popularity.
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I think candy analogies were somewhat destroyed by Eric Trump in the presidential campaign. At any rate, as you say below, you yourself don't find it very useful. So perhaps in the next draft you could save the space and use it wisely for something else.

  And as intuitive as that candy analogy may be, the way human beings operate is a more complicated and repulsive matter than that of different candies selling for the same price. Unlike candies, human beings are not priced the same—and this is evident in how much we are paid, which lives are saved, and which lives are extinguished with no fanfare. The boy who sews blouses in China will never be a lawyer at Cravath, no matter how hard he works. A life extinguished in New York City means more to the world than the hundreds in North Korea.
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 But equality, true equality, should stretch to all humans, not just those within the borders of America.
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Perhaps it would make sense to talk about revolutionary and ameliorist flavors of equality, in which the ultimate demands of the idea are either taken seriously, or defused for the value of present effect in incremental change. Obviously, Jefferson understands both that equality is ultimately inconsistent with slavery, and that a definition of equality requiring abolition will not be accepted as a basis for colonial solidarity against the King. Are we not observing in your draft the consequences of that uneasy distinction?

 

Why Equality is Attractive

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 "The truth is rarely pure and never simple."
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The spiritual outcome of the draft may be its purpose, in which case it would be a good idea, I think, to signal that to the reader at the outset. Or it may be that the more analytic first part of the draft is where you meant the weight of the reader's attention to fall. Either way, the path to a better next draft seems to me to lie through sorting out what is primary from what is secondary, and reorganizing somewhat accordingly. You want to state your main idea in the introduction, so that the reader can follow your thought without losing her way, or being disoriented in her travel by the discontinuity between the beginning and the end.

 
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.

KateJLeeFirstEssay 3 - 13 Mar 2017 - Main.KateJLee
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META TOPICPARENT name="FirstEssay"
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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.
 

Equality

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 We stop thinking for a moment about how we can save others—and we begin to change ourselves. We try to find a contentment with life that does not stem from being better or worse than others. And with this complete contentment and self-produced satisfaction with life, we begin to tear down the hurdles that we have erected that are choking the others.
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"The truth is rarely pure and never simple."
 
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.

KateJLeeFirstEssay 2 - 12 Mar 2017 - Main.KateJLee
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META TOPICPARENT name="FirstEssay"
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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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 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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Equality and Myself

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Equality

 -- By KateJLee - 06 Mar 2017
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The Concepts of Equality

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The Definition

“We hold these truths to be self-evident: that all men are created equal, that they are endowed by their Creator with certain unalienable rights…”

Over 240 years later, equality is still sacred. At the time of drafting, “all men” excluded slaves and women, but today, at least for most students at a law school like Columbia, equality includes everyone.

We rarely consider the depth of this belief. We fail to consider what “all men are created equal” looks like, and we fail to compare it with our reality.

It goes without saying that equality for human beings does not mean the same.

One may be tempted to use an analogy like this one: there is a large jar of candy for sale, and each piece is $1. Regardless of what color the candy is, each piece is $1, so they are all equal. But are they? There are always popular colors and flavors, even if there are no empirical reasons to support a certain flavor’s popularity.

And as intuitive as that candy analogy may be, the way human beings operate is a more complicated and repulsive matter than that of different candies selling for the same price. Unlike candies, human beings are not priced the same—and this is evident in how much we are paid, which lives are saved, and which lives are extinguished with no fanfare. The boy who sews blouses in China will never be a lawyer at Cravath, no matter how hard he works. A life extinguished in New York City means more to the world than the hundreds in North Korea.

The Effect

The greatest harm that occurs from our love of equality is when we strive for an equality that is harmful. This is the equality that is comfortable, that requires no sacrifice. The type of equality that allows a travel ban of majority Muslim countries, or the type of equality that demands that extraneous effort on the part of the disadvantaged instead of the advantaged. We speak of hurdles for people to overcome instead of hurdles for the privileged to tear down.

A consequence of this is that people will focus on those who are disadvantaged instead of those who have power. We rush to the symptoms of the problem, hastily putting band aids on the oozing wounds instead of addressing the source.

This is why people will spend thousands of dollars to fly to Mexico to build houses, but still support the building of a wall that will separate the nations. This is why instead of saying, “he raped her,” we like to say “she was raped.” We immediately want to know what the victim was wearing or doing—the focus is on the weak instead of the strong.

By focusing on the victims of inequality, and by perpetuating the idea to others and ourselves that we are helping the victims, we believe we are fighting against equality when we are slowly destroying it. We assuage our guilt of being born in the better circumstances this way.

A secondary harm from a shallow understanding of equality is complacency. There is a false, shallow concept of equality that will be satisfactory for most of the privileged classes. It is a superficial implementation of equality in America, but it does not, or it need not, stretch to countries like China, Iran, or God forbid, North Korea.

But equality, true equality, should stretch to all humans, not just those within the borders of America.

 
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Subsection A

 
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The Effects of Multiple Concepts of Equality

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Why Equality is Attractive

 
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Subsection B

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Why do we still insist on putting the idea of equality in a document as famous as the Declaration of Independence when a few minutes of thought will lead anyone to believe that even if it’s true theoretically, it’s not true objectively?
 
Added:
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Perhaps it’s because we love ourselves, and have incredible difficulty accepting that someone might be worth more than we are worth. So instead of dealing with this issue head on, we simply equal the playing field. This is a selfish reason, but not implausible.
 
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Subsub 1

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A more hopeful reason may be that we love others. We’ve bonded with our mothers, fathers, sisters, brothers, lovers and friends. And we do not want them to be worth less than anyone.
 
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On the other side, we love feeling superior. We long to fill our endless search for satisfaction and contentment with a short-lived vindication of our value fueled by doing “better” than a fellow human being.
 
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Subsub 2

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This is all quite easy to think about until we think about death. What does it mean to let a small group of people die to possible save many more? And what if your family was in that small group of people? What does it mean to let your mother die to save two people? Does the concept of equality bleed into these scenarios at all?
 
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So here we are.
 
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All men are created equal. Can we still believe and hope in something that has never been true?
 
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Where do we go from here?

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I think we can believe in it, hope in it, and begin to slowly create a world that reflects it. It will just be a much more complicated and flexible version of equality than we are used to.
 
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Subsection A

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Where Do We Go From Here?

 
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Subsection B

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We stop thinking for a moment about how we can save others—and we begin to change ourselves. We try to find a contentment with life that does not stem from being better or worse than others. And with this complete contentment and self-produced satisfaction with life, we begin to tear down the hurdles that we have erected that are choking the others.
 



KateJLeeFirstEssay 1 - 06 Mar 2017 - Main.KateJLee
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META TOPICPARENT name="FirstEssay"

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.

Equality and Myself

-- By KateJLee - 06 Mar 2017

The Concepts of Equality

Subsection A

The Effects of Multiple Concepts of Equality

Subsection B

Subsub 1

Subsub 2

Where do we go from here?

Subsection A

Subsection B


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 "#" character on the next two lines:

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


Revision 5r5 - 02 Jun 2017 - 02:22:48 - KateJLee
Revision 4r4 - 09 May 2017 - 15:06:29 - EbenMoglen
Revision 3r3 - 13 Mar 2017 - 02:20:31 - KateJLee
Revision 2r2 - 12 Mar 2017 - 23:22:54 - KateJLee
Revision 1r1 - 06 Mar 2017 - 04:03:33 - KateJLee
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