Law in Contemporary Society

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JessicaCohenFirstPaper 4 - 25 Feb 2010 - Main.JessicaCohen
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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 I spoke with a few other students . But if you work for yourself, you'll never amount to anything. We'll have to work within institutions to get anything done (at least at first). When I think of "not pawning my license," I think of true economic and job freedom, i.e. I would choose my clients -- but you can't get much done without others. obvious? Moglen's "how to change the world" video - know what you want and know how to get it.
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<		Reminded me of Randolph Bourne's Twilight of Idols. Pragmatists sometimes get too bogged down in process and lose sight of overarching aims. Thought constantly in class, while reading Holmes/Cohen etc about the "consequences" of legal decisions, and grew exceedingly frustrating with Formalism. Constitutional Law was painful. But...how do we know the consequences are good? What do we ideally want to come out of a decision? The goodness/badness of each of these consequences needs to have some underlying set of values.
 
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>		Reminded me of Randolph Bourne's Twilight of Idols. It is possible for pragmatists to become too bogged down in the "process" and lose sight of their overarching aims. Thought constantly in class, while reading Holmes/Cohen etc about the "consequences" of legal decisions, and grew exceedingly frustrating with Formalism. Constitutional Law was painful. But...how do we know the consequences are good? What do we ideally want to come out of a decision? The goodness/badness of each of these consequences needs to have some underlying set of values. Of course the same

In "Twilight of Idols,"

 here's where Bourne comes in.

Pragmatists ended up supporting the war - Dewey? Lippman definitely did (a shame) - why is that? thought war promoted democracy. THE END WAS GOOD - but forgot about the horrors of war? Bourne says that pragmatism gives them a sense of optimism - this definitely happened in our class - and a sense of "control." maybe pragmatism works "against poetic vision, against concern for the quality of life as above the machinery of life."

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 - not always coldly rational - dont have to "swing" between clarity and total disillusionment
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<		"so long as preconceived principles are considered mroe important than practical results, the practical alleviation of human distress and the distribution of available comforts will be paralyzed"
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>		"so long as preconceived principles are considered more important than practical results, the practical alleviation of human distress and the distribution of available comforts will be paralyzed"
 - legal journalism in the NYT/new yorker/etc - robinson is not a hero - law school as trade school/columbia?

Revision 4r4 - 25 Feb 2010 - 23:00:36 - JessicaCohen
Revision 3r3 - 25 Feb 2010 - 17:25:18 - JessicaCohen
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