Law in Contemporary Society

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DanielMargolskeeSecondPaper 4 - 29 Jun 2009 - Main.EbenMoglen
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Narrative in Legal Institutions

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 People come up with many different, sometimes conflicting narratives to explain different aspects of themselves. Some of these narratives are more accurate than others; some are more adaptive than others. In any event, the process of constructing narratives is an integral part of the human condition.

When looking to narratives that explain and justify social practices like the law, the narrative itself can sometimes yield important social benefits. Nor is it likely that we could completely do without narratives, given the limitations of being human. We should be conscious of the narratives we do use, however, and continually assess whether the underlying social practices actually fit the narratives we tell. Being conscious of the role of narratives the behavior of social institutions is critical for appraising the effectiveness of the underlying institution. \ No newline at end of file

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  • Here too you took the editorial course of playing it as safe as possible. You tried, as you should, to keep what was strong, and to address the weak places. But you mostly tried to smooth over the problems, giving an appearance of solving what was merely postponed or made a little more obscure. In the process, you softened the language to the point of loss of contour. The final graf even achieves a bureaucratic linguistic approach to "narrative," which is usually assumed to be a pre-bureaucratic structure. This is not particularly desirable in an edit. I think I'd make another attempt at this, were I you, to see if you can manage to put both the ideas and the language on a higher-energy diet.
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Revision 4r4 - 29 Jun 2009 - 21:59:59 - EbenMoglen
Revision 3r3 - 20 Apr 2009 - 02:52:34 - DanielMargolskee
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