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MagicAccordingToFrank 13 - 02 Feb 2008 - Main.JesseCreed
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Eben alluded to us not quite getting the meaning of "magic" according to Frank. Let's use this space to work it out.
-- AdamCarlis - 02 Feb 2008 | | | Eben provided us with an example in class. Though deliberate, Eben's validation of rent control in the FCC opinion did not necessarily force Rehnquist's hand to rule in favor of it in the future case; instead, it was a contingent event by virtue of the fact that the strategy of one man influenced the giant structure of American government and history of jurisprudence which, as Rehnquist's previous writings on rent control suggested, were on a different course. That, in the very ordinary sense of the word, was magical. Yet, there are a hundreds of competing human strategies or plots, making it therefore hundreds of times more magical. | |
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< | If, in our readings, the pendulum swung from a transcendental conception of the law approximately before the 19th century to Holmes's more scientific approach focused on prediction, Frank is perhaps adding resistance to the force of Holmes's push. To Frank, it is impossible to predict the law by a scientific method, as the physical sciences attempt, because the law as a descriptive matter is regulated partly by "invariants, uniformities, regularities" (210) and partly by magic and contingency. | >
> | If, in our readings, the pendulum swung from a transcendental conception of the law approximately before the 19th century to Holmes's more scientific rationalization focused on prediction, Frank is perhaps pushing the pendulum towards a third phenomenological course. To Frank, it is impossible to predict the law by a scientific method, as the physical sciences attempt, because the law as a descriptive matter is regulated partly by "invariants, uniformities, regularities" (210) and partly by magic and contingency. | | | -- JesseCreed - 02 Feb 2008 |
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