Law in Contemporary Society

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MarkBierdzFirstPaper 4 - 13 Jan 2012 - Main.IanSullivan
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 Same old bullshit, no matter how prestigious the school.

My brother woke me up that morning; he told me there was a cool movie on TV where America was under attack. He was joking. At first he had thought it was a movie, but then it kept on going. My first thought was is this a revolution? My first emotion was satisfaction -- something about seeing America brought to her knees. It was strangely refreshing to see such a smug and powerful entity so weak and vulnerable.


MarkBierdzFirstPaper 3 - 11 Jul 2010 - Main.MarkBierdz
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Same old bullshit, no matter how prestigious the university.
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Same old bullshit, no matter how prestigious the school.
 
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My brother woke me up that morning; he told me there was a cool movie on TV where America was under attack. He was joking. At first he had thought it was a movie, but then it kept on going. My first thought was is this a revolution? My first emotion was satisfaction -- something about seeing America brought to her knees. To see such a smug and powerful entity so weak and vulnerable was strangely refreshing.
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My brother woke me up that morning; he told me there was a cool movie on TV where America was under attack. He was joking. At first he had thought it was a movie, but then it kept on going. My first thought was is this a revolution? My first emotion was satisfaction -- something about seeing America brought to her knees. It was strangely refreshing to see such a smug and powerful entity so weak and vulnerable.  
 
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My sentiments may outrage you. That’s understandable. Keep in mind I’m from a generation of violent video games and frequent news feeds of people dying all over the world. What was special about this case? It was the destruction of particular American symbols that was satisfying, not the deaths of those involved. That part was sad. But surely, my disassociative powers were strong.
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My sentiments may outrage you. That’s understandable. Keep in mind I’m from a generation of violent video games and frequent news feeds of people dying. Why would this situation stand out as something I should have felt especially sympathetic towards? I was moved by the destruction of American symbols, not the deaths of those involved. That part was sad. But surely, my dissociative powers were strong.  
 
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My friends came home from school. I had played hooky. They joked and told me that everyone was suspicious at school that I wasn’t there. We sat and talked about what had just happened. I told them I thought two things were going to be a consequence of this: we would go to war and we were going to lose some rights.
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My friends came home from school. I had played hooky. They joked and told me that people were suspicious of me because I wasn’t there. We sat and talked -- people want to be able to explain traumatic things. I told them I thought two things were going to happen: we would go to war and we were going to lose some rights.  
 
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The next day, I took the train downtown to meet with this group that was organizing protests against the WTO. Overnight, they became a peace group. My friend Nasri pointed out how eerie it was that there were no planes in the sky. This was Chicago after all. O’Hare was the busiest airport in the world. He was afraid though; afraid of what the changes would mean for him. I ended up leaving this group.
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The next day, I took the train downtown to meet with this group that was organizing protests against the World Trade Organization. Overnight, they became a peace group. My friend Nasri pointed out how eerie it was that there were no planes in the sky. This was Chicago after all. O’Hare was the busiest airport in the world. He was afraid though -- afraid of change; afraid of the reaction. I ended up leaving this group.  
 
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I wasn’t an overnight patriot. That term, patriot, was funny. Suddenly patriot was a flag you had to wave regardless whether you were dissenting or agreeing just so people would listen to you. Patriots slapped flag stickers to their cars, threw bricks at mosques and said the pledge of allegiance every morning. I wouldn’t tell myself I stood by those kinds of people, but I was fooled. I had thought I was different from the sheeple because I thought about things. I was rational.
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I wasn’t an overnight patriot. That term, patriot, was funny. Suddenly patriot was a flag you had to wave regardless of whether you were dissenting or agreeing just so people would listen to you. Patriots slapped flag stickers to their cars (and didn’t take them off when the stripes turned yellow), threw bricks at mosques and said the pledge of allegiance every morning. I told myself I wasn’t like that, but I was fooled. I had thought I was different from the sheeple because I thought about things. I was rational.  
 
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You see, there is a difference between terrorism and collateral damage -- at least, I believed there was. One isn’t deliberately targeting innocent civilians to push an agenda. Ok, that’s the distinction. It’s even a principled distinction! Surely, there’s got to be some principle somewhere that says it’s wrong to target innocent civilians. Now we have good guys and bad guys.
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A rational person finds a difference between terrorism and collateral damage. Collateral damage isn’t deliberately targeting innocent civilians to push an agenda -- it's just a description of what happens when agendas get pushed. Ok, that’s the distinction. It’s even a principled distinction! Surely, the principle of intentional killing being worse than unintentional killing is well-founded. Now we have good guys and bad guys. All we had to do was sunder reality and place intentional and unintentional into two separate and neat buckets.  
 
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But even if this distinction is principled, is it a good one? Do we want to have this distinction? What purpose does it serve? What values does it purport to support? Presumably, if we make these sort of distinctions, less innocent people would die. We might think, that if we’re really interested in making this distinction, then we would be appalled if it was used as a justification for killing more innocent people.
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But even if this distinction is principled, is it a good one? Do we want to have this distinction in this context? What purpose does it serve? What values does it purport to support? What does it hide?  Presumably, if we make these sort of distinctions, less innocent people would die. We might think, that if we’re really interested in making this distinction then we would be appalled if it was used as a justification for killing more innocent people.
 
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I suppose it’s an occupational hazard for us would-be lawyers. We grow up being good with logic and rationalize often. We’re reinforced to do it by our teachers and sometimes our parents. Rationalizing helps give shape to the chaos of the world. It can explain that which we do not actually have the explanation for.
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I suppose such foolishness is an occupational hazard (expectation) for us would-be lawyers. We grow up being good with logic and rationalize often. We’re reinforced to do it by our teachers and sometimes our parents. Rationalizing helps give shape to the chaos of the world. It can explain that which we do not actually have the explanation for.  
 
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A side-effect of all this is that we become sort of platonic. At least, that’s the best way I can describe what I’ve been seeing. I don’t want to over-generalize, but I have noticed a trend. We practice distinguishing cases from other cases, principles from other principles, without any real thought as to why and what happens when we do. It’s as if logic is self-executing -- some sort of underlying order in which behavior guides itself from.
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A side-effect of all this is that we become sort of platonic. At least, that’s the best way I can describe the trend I’ve been seeing. We practice distinguishing cases from other cases, principles from other principles, fact patterns from people, without any real thought as to why and what happens when we do. Our cultivated need to have an orderly story is exploited. Logic becomes self-executing -- some sort of underlying order that behavior guides itself from.  
 
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Yes, this is an example of what happens to people who undertake intensive repetitive training, mental or physical, without balancing off against the tendency to develop obsessional patterning. It's also something that has been noticed about one kind of lawyer present in all developed legal systems. Legal formalism is a syndrome of intellectual behaviors with many causes, just as legal realism is. It also has many effects, some of which are more troublesome than others.

Of course that’s bullshit. Just watch people and you’ll see otherwise -- although you may miss it if your gaze doesn’t leave the bubble we’re in.

In conclusion, if you need a conclusion, reread starting from line one.

I think this is a pretty successful essay, on its own terms. It could use a stiff rewrite, to smooth off rough edges and to reinforce your admirable tendencies towards simplicity and restraint. You could hide the ball just a trifle less, too.
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Of course that’s bullshit. Just watch people and you’ll see otherwise -- although you may miss it if your gaze doesn’t leave the bubble it’s in.
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MarkBierdzFirstPaper 2 - 04 Apr 2010 - Main.EbenMoglen
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Same old bullshit, no matter how prestigious the university.
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 A side-effect of all this is that we become sort of platonic. At least, that’s the best way I can describe what I’ve been seeing. I don’t want to over-generalize, but I have noticed a trend. We practice distinguishing cases from other cases, principles from other principles, without any real thought as to why and what happens when we do. It’s as if logic is self-executing -- some sort of underlying order in which behavior guides itself from.
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Yes, this is an example of what happens to people who undertake intensive repetitive training, mental or physical, without balancing off against the tendency to develop obsessional patterning. It's also something that has been noticed about one kind of lawyer present in all developed legal systems. Legal formalism is a syndrome of intellectual behaviors with many causes, just as legal realism is. It also has many effects, some of which are more troublesome than others.
 Of course that’s bullshit. Just watch people and you’ll see otherwise -- although you may miss it if your gaze doesn’t leave the bubble we’re in.

In conclusion, if you need a conclusion, reread starting from line one. \ No newline at end of file

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I think this is a pretty successful essay, on its own terms. It could use a stiff rewrite, to smooth off rough edges and to reinforce your admirable tendencies towards simplicity and restraint. You could hide the ball just a trifle less, too.
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MarkBierdzFirstPaper 1 - 26 Feb 2010 - Main.MarkBierdz
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Same old bullshit, no matter how prestigious the university.

My brother woke me up that morning; he told me there was a cool movie on TV where America was under attack. He was joking. At first he had thought it was a movie, but then it kept on going. My first thought was is this a revolution? My first emotion was satisfaction -- something about seeing America brought to her knees. To see such a smug and powerful entity so weak and vulnerable was strangely refreshing.

My sentiments may outrage you. That’s understandable. Keep in mind I’m from a generation of violent video games and frequent news feeds of people dying all over the world. What was special about this case? It was the destruction of particular American symbols that was satisfying, not the deaths of those involved. That part was sad. But surely, my disassociative powers were strong.

My friends came home from school. I had played hooky. They joked and told me that everyone was suspicious at school that I wasn’t there. We sat and talked about what had just happened. I told them I thought two things were going to be a consequence of this: we would go to war and we were going to lose some rights.

The next day, I took the train downtown to meet with this group that was organizing protests against the WTO. Overnight, they became a peace group. My friend Nasri pointed out how eerie it was that there were no planes in the sky. This was Chicago after all. O’Hare was the busiest airport in the world. He was afraid though; afraid of what the changes would mean for him. I ended up leaving this group.

I wasn’t an overnight patriot. That term, patriot, was funny. Suddenly patriot was a flag you had to wave regardless whether you were dissenting or agreeing just so people would listen to you. Patriots slapped flag stickers to their cars, threw bricks at mosques and said the pledge of allegiance every morning. I wouldn’t tell myself I stood by those kinds of people, but I was fooled. I had thought I was different from the sheeple because I thought about things. I was rational.

You see, there is a difference between terrorism and collateral damage -- at least, I believed there was. One isn’t deliberately targeting innocent civilians to push an agenda. Ok, that’s the distinction. It’s even a principled distinction! Surely, there’s got to be some principle somewhere that says it’s wrong to target innocent civilians. Now we have good guys and bad guys.

But even if this distinction is principled, is it a good one? Do we want to have this distinction? What purpose does it serve? What values does it purport to support? Presumably, if we make these sort of distinctions, less innocent people would die. We might think, that if we’re really interested in making this distinction, then we would be appalled if it was used as a justification for killing more innocent people.

I suppose it’s an occupational hazard for us would-be lawyers. We grow up being good with logic and rationalize often. We’re reinforced to do it by our teachers and sometimes our parents. Rationalizing helps give shape to the chaos of the world. It can explain that which we do not actually have the explanation for.

A side-effect of all this is that we become sort of platonic. At least, that’s the best way I can describe what I’ve been seeing. I don’t want to over-generalize, but I have noticed a trend. We practice distinguishing cases from other cases, principles from other principles, without any real thought as to why and what happens when we do. It’s as if logic is self-executing -- some sort of underlying order in which behavior guides itself from.

Of course that’s bullshit. Just watch people and you’ll see otherwise -- although you may miss it if your gaze doesn’t leave the bubble we’re in.

In conclusion, if you need a conclusion, reread starting from line one.


Revision 4r4 - 13 Jan 2012 - 23:14:20 - IanSullivan
Revision 3r3 - 11 Jul 2010 - 20:35:04 - MarkBierdz
Revision 2r2 - 04 Apr 2010 - 19:43:16 - EbenMoglen
Revision 1r1 - 26 Feb 2010 - 21:47:57 - MarkBierdz
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