Law in Contemporary Society

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MagicAccordingToFrank 30 - 07 Feb 2008 - Main.JustinColannino
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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 have to run to class now, but I’ll continue this post when I get back. And I’d like to hear what you think – whether, if everyone embraced Frank’s ideas (which is obviously a long shot) any of the things I’ve proposed would be possible.
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>		-- AmandaHungerford - 07 Feb 2008
 
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>		This discussion seems to be missing much of the constructive side of Frank's writing. After pointing out the flaws in the system, Frank's conclusion is that we must approach each flaw with the “scientific spirit” to try to find a better solution, even an imperfect one. (219-220).
 
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<		-- AmandaHungerford - 07 Feb 2008
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>		To Frank the scientific spirit is not the “faith in science” on page 218, but consists of “the discipline of suspended judgement; the rigorous weighing of all the evidence; a consideration of all possible theories; the questioning of the plausible, of the respectably accepted and seemingly self-evident; a serene passion for verification [and] constructive skepticism”. (219). The scientific spirit is “the spirit which encourages the search for, or the invention of, means to the desired end” (220).

In practicing law Frank recommends that we “try to ascertain what social changes must be made, if that [end] is to be actualized”. (220). When we run up against a problem that is unsolvable, we must turn to more productive endeavors, but realize that our broken theory may have produced imperfect means that may be incorporated into our art of legal practice. This is what he means when he quotes Tourtoulon: “There is no need to throw to the dogs all that is not fit for the altar of the Gods...”. (221).

In short, Frank is telling us to realize that a perfect system of law may be (and likely is) unattainable, but that we must use the scientific spirit with the goal of moving the imperfect towards perfection, even if it can never get there.

-- JustinColannino - 07 Feb 2008

 
 
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Revision 30r30 - 07 Feb 2008 - 18:01:28 - JustinColannino
Revision 29r29 - 07 Feb 2008 - 18:00:07 - AmandaHungerford
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