Law in Contemporary Society

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MagicAccordingToFrank 23 - 06 Feb 2008 - Main.JesseCreed
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Eben alluded to us not quite getting the meaning of "magic" according to Frank. Let's use this space to work it out. -- AdamCarlis - 02 Feb 2008
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  • How do magic and the ordeal relate to the fundamental problem?
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<		The ordeal is the primitive “magic” solution to the fundamental problem. It relies on divine or magical forces that manifest themselves in a physically observable way to indicate guilt or innocence.
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>		The ordeal is the primitive “magic” solution to the fundamental problem. It relies on divine or magical forces that manifest themselves in a physically observable way to indicate guilt or innocence. The goal of the ordeal is to discover the facts (F). The ordeal suggests that the command of theological ideas can control and discover what these facts (F) are.
 On Julia’s spectrum, the problems posed by a trial are outside the realm governed by non-magic science. A magic solution is necessary.
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<		We still have not fixed the fundamental problem (our technology still can’t accurately separate guilt from innocence). We have, however, jettisoned the ordeal as irrational and replaced it with a serious of constructed rules that, Frank argues, constitute a “non-empirical, illusory” method of determining guilt.
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>		We still have not fixed the fundamental problem (our technology still can’t accurately separate guilt from innocence). We have, however, jettisoned the ordeal as irrational and replaced it with a series of constructed rules that, Frank argues, constitute a “non-empirical, illusory” method of determining guilt. These rules, like the ordeal, attempt to get at the facts (F). The facts (F), no matter how perfect the rules (R) may be, are distilled in the system by human subjectivity and thus can never be accurately revealed.
 -- DanielButrymowicz - 06 Feb 2008
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>		I made a few substantive additions and typographical edits.

-- JesseCreed - 06 Feb 2008

 
 
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Revision 23r23 - 06 Feb 2008 - 16:41:02 - JesseCreed
Revision 22r22 - 06 Feb 2008 - 15:45:08 - DanielButrymowicz
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