Law in Contemporary Society

View   r8  >  r7  ...
LukeReillyIntro 8 - 15 Feb 2015 - Main.LukeReilly
Line: 1 to 1
 
META TOPICPARENT name="PersonalIntro"

Luke Reilly Personal Introduction

The question your introduction should answer, in not more than 100 words, is what you want to get from law school.
Line: 56 to 56
 Which brings me to your final point. If Luke is committed to the belief that fork-switching is silly rule, the operative question has less to do with the rule's origin or justification and more with how (and whether or not) to effectuate an alternative regime. Perhaps Luke can consciously alter his fork-switching behavior in the interest of change, but would doing so jeopardize his other career and personal goals?

-- ShayBanerjee - 13 Feb 2015

Added:
>
>
AbdallahSalam, I agree that this particular rule is pretty harmless. It annoys me because it seems much more reasonable to keep your knife in your right hand and just spear/eat with the fork in your left. I did not consider the signalling mechanism idea; I quite like it. If true, then I like the rule even less.

I chose that rule because I couldn't think of a table manner that I considered genuinely harmful in the same way as certain laws. Table manners may be arbitrary or annoying, but they can't really be unjust.

Table manners are also an odd example because there's no formal mechanism for changing them (this ties into ShayBanerjee's point). If I was at a state dinner (an unlikely scenario) and chewed my food with my mouth open (an even unlikelier scenario), nobody would want to hear my reasoned argument about why I believed it should be acceptable (I don't believe that by the way). Miss Manners is not holding court on issues of gift-giving; indeed she would probably say that she doesn't decide anything at all. Thus, my attempts to change a table manner on my own are probably doomed. In law though, we believe that change is possible. Indeed, that belief is at the centerpiece of EbenMoglen's definition of a lawyer.

I agree that those two questions are basically the ones I'm asking, but I don't think they're quite so separable. The circumstances informing a rule's creation will be a part of the normative justifications for the rule. I'm not sure you can evaluate a rule without understanding why and how it came about.

-- LukeReilly - 15 Feb 2015

 
 
<--/commentPlugin-->
\ No newline at end of file

Revision 8r8 - 15 Feb 2015 - 05:45:22 - LukeReilly
Revision 7r7 - 14 Feb 2015 - 05:16:31 - LukeReilly
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM