Law in Contemporary Society

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MagicAccordingToFrank 27 - 07 Feb 2008 - Main.TheodoreSmith
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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
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 I think in the end, he is ending up in a similar place to Sartre. Our problem is "an unwillingness to face courageously the occurrence of such tragedies [as killing a man for a murder he did not commit]." (p.61, Frank). We are unwilling to take on ourselves the responsibility of what we do, claiming instead it is in the name of law, and that our commitment to legal rules can somehow serve as justifications for our actions.
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<		My only minor quibble is that I do not agree with Frank that this is caused by an "addiction to legal magic." I think it is rather the other way round, that we are addicted to magic to escape what Sartre refers to as 'anguish,' or "the feeling of our total and deep responsibility." (Sartre, Existentialism and Human Emotions). We cannot bear to face the idea that we are choosing to send a man to jail for the rest of his life - that this is a decision we are making as imperfect beings, that we are wholly responsible for it, and that we cannot shift the blame.
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>		My only minor quibble is that I do not agree with Frank that this is caused by an "addiction to legal magic." I think it is rather the other way round, that we are addicted to magic to escape what Sartre refers to as 'anguish,' or "the feeling of our total and deep responsibility" (Sartre, Existentialism and Human Emotions) as truth deciders. We cannot bear to face the idea that we are choosing to send a man to jail for the rest of his life - that this is a decision we are making as imperfect beings, that we are wholly responsible for it, and that we cannot shift the blame.
 As Eben pointed out in class today: "You know what is right."

Revision 27r27 - 07 Feb 2008 - 13:43:21 - TheodoreSmith
Revision 26r26 - 07 Feb 2008 - 05:06:58 - TheodoreSmith
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