Law in Contemporary Society

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CarolineElkinThirdPaper 3 - 29 Jun 2009 - Main.EbenMoglen
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Using the Rules

Nonetheless, my aversion from breaking rules, instinctual within me since at least my Tiffany’s Table Manners days, has been weakening. After nearly a year of studying rule ambiguities, and a semester of thinking about legal ideas creatively, I find my thoughts focus on the purposes laws serve. Why do we need the formalism of bright line rules of etiquette? We’ve challenged the formal classroom style in Eben’s class in listening to music, being on a first name basis with each other and Eben, using wiki threads to continue class discussions, abandoning the blind grading policy, etc. But many of the ways we broke the rules with Eben were conscious decisions on his or both our parts to run class differently. So then we naturally created new rules when breaking old ones. Still I think there was great benefit to this approach, because we valued the function of rules instead of blindly following them. The rules we created from a default starting point became useful, as thoughtfully-adopted choices of behavior facilitating a common goal.

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  • I think this is a very valuable essay and I'm glad you wrote it.

  • It seems to me there's an important distinction between not belching or making noise with the cutlery at table, on the one hand, and outlining courses on the other. To say that they are both matters of social convention might be possible (although I think that's still a metaphorical use concerning the outlining), but it seems to me to be hard to refer to outlining as etiquette. That's a word we use to mean the ritual aspects of politeness, including some rudimentary forms of social tact, designed to prevent sudden violations of script that may be distressing to or harmful to the dignity of others.

  • Of course all of this comes to be about the relationships between different forms of rules. Though you are personally concerned with the inner process by which people who don't even think of themselves as "good girls" but are a little taken aback to believe that they're no longer sure of the existence of "bad boys" approach the first tentative conception of rule-breaking, you're still quite aware that there are different sorts of rules and that breaking them is different sorts of social activity. I think some additional attention to that would strengthen what is already a very substantial improvement over the first essay.
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Revision 3r3 - 29 Jun 2009 - 21:28:59 - EbenMoglen
Revision 2r2 - 19 May 2009 - 03:25:49 - CarolineElkin
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