Law in Contemporary Society

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GregJohnsonFirstPaper 4 - 08 Aug 2009 - Main.EbenMoglen
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 It is not my purpose to prove the truth of my assumptions about the role of heuristics, although I suspect there is some truth to them. I intend these assumptions primarily to demonstrate the possibility of reconciling predictability with choice. Moreover, the basic idea—general rules, in-built or learned, that are strongly guiding but can be deliberately overridden—sounds strongly in conventional crowd psychology. For example, it can be analogized to Jung’s collective unconscious or directly to Freud’s super-ego, each of which exerts influence on one’s actions in a well-defined way but each of which is potentially subject to rational overriding by the self or the ego, respectively.
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Comments on first draft:

  • This is well put together. You adduce some evidence in support of details in your theory of decision-making but no evidence for the overall structure or the stages and alternatives that comprise the structure. That means you are merely asserting that we work the way you say we do, and I am probably not the only reader who is not convinced.

  • Your illustrations aren't very helpful, I think. Robinson is not dealing with anybody who is doing anything automatically. All of the movers in the situation of the kid who broke into the AUSA's bedroom are moving on consideration. Robinson is not taking advantage of automaticity in deciding: he is using rational pressure on rational decision-makers. The movement from intrapsychic to social analysis was part of the difficulty: Arnold explains one way of thinking about organizational irrationality; Gustav LeBon? and Freud contributed to modern PR, which offers another. Only Freud really interests himself in drawing connections across the boundary from intrapsychic to organizational psychology on the largest scales, and you don't seem interested in bringing him in, though it might be worth some consideration.

-- By GregJohnson - 27 Feb 2009

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  • Your responses to my comments aren't responsive. Moving from the roots of habitual action within the individual to the scripts of social life requires more consideration than you give in the first draft, and the wild analogies offered in the new conclusion, which are themselves inconsistent, provide no help. I still like the essay, and it still has a significant problem that can't be fixed by hand-waving.
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Revision 4r4 - 08 Aug 2009 - 18:47:01 - EbenMoglen
Revision 3r3 - 17 Apr 2009 - 11:33:03 - GregJohnson
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