MariaLaGuminaFirstEssay 4 - 04 Jun 2016 - Main.EbenMoglen
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META TOPICPARENT | name="FirstEssay" |
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Once we have the courage to take risks it can lead to the discomfort observed in class but it can also lead to more creative approaches to problems. Creativity demands some level of willingness not to conform and the way that we can cultivate the mindset necessary to create is to cultivate courage. | |
> > | The approach to
revision appears to have been to interleave sentences from my
commentary with your text, using some linkage like "but" or
"however." The result isn't an edited draft, it's a confusion.
The theme is fear of being mistreated as a reason for not doing
creative work. But if this is the alternative to creative work,
isn't it likely also to cause trouble for you? In which
professional situation would your response to editing of this kind,
which sacrifices substantive coherence to mere literal inclusion of
the commentary, yield positive response?
The route to improvement begins in reverting out these changes,
which didn't help strengthen the draft. Then the commentary can be
considered as addressed to your ideas. You can think about the
points at which we differ and decide how, if at all, to modify your
own ideas in order to respond to, not adopt by mimicry, someone
else's point of view. Perhaps from there the idea of creating
without fearing reprisal will have some credibility it still has not
acquired for you.
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Outcome: willingness → courage → creativity |
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MariaLaGuminaFirstEssay 3 - 21 Apr 2016 - Main.MariaLaGumina
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META TOPICPARENT | name="FirstEssay" |
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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. | | | |
< < | Respect | > > | Courageous Creativity | | -- By MariaLaGumina - 19 Feb 2016 | |
< < | Respect
Question Presented: How important is respect? | > > | Throughout our discussions in class we have established a working hypothesis that willingness not to conform is a necessary but not sufficient condition for creativity. So what will get us from the point of willingness not to conform to actual creativity? I believe that courage is the necessary and sufficient condition for creativity. | | | |
> > | After some hesitation I can see the benefits of not following the herd or sticking to the status quo but as I turned over this thesis and how it applies to me as a law student practically I kept coming across the same issue. The main stage to avoid the status quo is clearly in class, however every example we have discussed in our class seems to lack one thing, acknowledging the courage necessary for the task. Typically change is met with discomfort and so any attempt to break the mold in a standard lecture will result in the discomfort as seen in the example discussed in class where Professor Moglen made a joke and his fellow students responded with discomfort. I can honestly say that if I were in that position I would not have had the courage to do what Professor Moglen did and I would like to know why. | | | |
< < | | > > | Hurdles to Creativity | | | |
< < | Isn't that the sort of question that has to be rhetorical? The
reader doesn't expect you to say it isn't important. You could have
said "respect is important." But the idea of the essay is something
else, obviously, and it would be better to begin with that. | > > | As evidenced by the pushback to the risk necessary for creativity by me and my fellow classmates, there are many hurdles to creativity. One hurdle to us as law students is fear of professors. As a 1L in particular I can say that I was scared of most of my professors at the beginning of the year. Given the task of taking a risk in class I would be afraid of offending a professor and cutting off many opportunities that may help with employment in the future. In particular I feared getting a low grade due to my actions. The approaches we discussed in class always came back to fear. I realized that creative behavior may be forbidden to me due to fear that someone might respond in a hostile or offended fashion. I sometimes feel like creativity is likely to be punished and that I could not myself sense in social situations how severe the penalty for creativity might be. Sometimes it seems like there is no offsetting likelihood that people will respond positively to any ability to invent and break social molds. The hope then is that the payoff will be worth risking these bad outcomes. If the payoff wasn’t worth it then there would never be a reason to create. We would be bound by society as opposed to being free to act on our free will. | | | |
< < | | > > | Another hurdle to creativity is the desire to maintain the status quo. For law students maintaining status quo can give a student benefits such as mutual respect between the Professor and student and also the respect of your peers in not insulting someone who has direct control over their job prospects. Even setting aside job prospects, mutual respect with a Professor could lead to future partnerships and even a potential mentoring relationship. As a new 1L the promise of these things weighs heavily in considering whether to take risks in classes. I would rather do something that will have a 75% success rate than something with a 25% success rate. Since law students tend to be practical people, just looking at the odds themselves could be a hurdle to taking the risk needed for creativity and change. | | | |
< < | Throughout our discussions in class we have often circled back to the premise that being non-conformist is what is best for us as law students. | > > | How to get courage | | | |
< < | | > > | Even if good grades are not thought of as important to a student, the embarrassment from being berated in front of his or her peers could also be a negative outcome from breaking the mold in the wrong way. However, if criticism is to disable creativity, then we will never create anything. The point of art is that it enables criticism without disabling itself. Taking risks is not a new idea. People have been doing this for many years. Without risks we would never have change and progress. Once we accept that and we are willing to be courageous and take risks we can deal with the practical issue of how to get that courage. | | | |
< < | No, it's not a circle. The course is about creativity.
That conformism and creativity are at odds goes without
saying. We might be taken to have established a working
hypothesis that willingness not to conform is a necessary
but not sufficient condition for creativity. | > > | While there is no easy answer for how to get courage (in fact it could even be its own course) I do think there are some steps that can be taken to incentive us to be more courageous. On a practical note I think that learning more about the pressing issues in society that could use a lawyer’s help would show the dangers of keeping things as they are. Seeing the injustices in the world will hopefully spur some of us to be more courageous. | | | |
< < | | | | |
> > | How to cultivate creativity | | | |
< < | After some hesitation I can see the benefits of not following the herd or sticking to the status quo but as I turned over this thesis and how it applies to me as a law student practically I kept coming across the same issue. The main stage to avoid the status quo is clearly in class, however every example we have discussed in our class seems to lack one thing, respect for the Professor. If I were to start cracking jokes in my Constitutional Law class it may at first seem like some levity but as I continued to waste time it would increasingly seem like I was disrespecting the Professor, and even my fellow students.
I don't think the point of the story is that the joke was
irrelevant. Nor do I think that the point of the story
was that I was disrespectful to Peter Schuck. The point
of the story was that my fellow students responded with
discomfort. As you are doing.
This premise then got me thinking about the other side of the argument, that is do these people deserve my respect. I believe that everyone deserves respect but if you subscribe to the definition of respect as a feeling of deep admiration for someone that is a result of their qualities then some may say that you have to earn respect. Then the question becomes “Have my Law professors earned my respect?” I believe that most people who go to the institution of Law School, especially Columbia, have trust in that institution and so trust the professors that work there to have earned their respect through their work and experiences. Thus, we should respect them as the experts in their field and the experts on how to teach us about their field. However, discussions that we have had in class have shown that Law School Professors are maybe not the most expert on how to teach.
This gets to an issue of where respect should come from. The two sources in my opinion are earned respect and inherent respect. In an ideal world all respect would be earned and warranted but more often than not inherent respect is more common.
What does this
mean? I think the meaning of "inherent respect" is "social
status" and the meaning of "earned respect" is "personal
evaluation of competence, integrity or judgment." Using an
adjective modifying "respect" to denote two different social
or psychological phenomena is probably going to lead to more
confusion than clarity.
Particularly at Law School the respect is inherent, especially at a place that is referred to as an ‘institution’ more regularly than as a ‘school’. This inherent respect can cause us to not give a second thought to the merit of the respect that we give to the members of this ‘institution’. If we were to give a second thought to the merit of the respect then we would be leaning towards the view of earned respect as the pinnacle of respect.
This is the problem it leads to. Respect for the
intellect, character, professional performance as lawyer,
writer or teacher of a particular individual is obviously
different, not more or less, than hierarchical social
status. How does trying to find a "pinnacle" advance the
thought process. And, is this a digression from the
subject of the essay? We still don't know what the
essay's theme is.
Once we decide that respect should not be inherent we get into the issue of accepting that some Professors have not earned respect and so we do not need to give deference to them. Practically this poses a major problem. If Professors do not get respect then the class would devolve into a major time wasting session. Also, most Professors, especially here at Columbia, have a high regard of themselves and would not tolerate disrespect. The examples in class have laid out situations where the non-conformist behavior had happy endings, such as being hired as a research assistant, however it is just as plausible that the Professor would give you a C and effectively cut off many opportunities for employment in the future.
How do you know it is "just as plausible"? What makes you believe
that the routine behavior of teachers is as unprincipled, arbitrary,
and socially destructive as you hypothesize? I yield to no one in
my critical evaluation of law school as we know it. But I think
this claim about the likely behavior of my colleagues or other
professional teachers is grossly improbable if not outright
ridiculous. I wonder how you came by it and what evidence you think
supports it.
But could it really be, in any event, that creative behavior is to
be forbidden you because someone might respond in a hostile or
offended fashion? Even if you thought: (a) that creativity is
likely to be punished; (b) that you could not yourself sense in
social situations how severe the penalty for creativity might be;
and (c) that there is no offsetting likelihood that people will
respond positively to your ability to invent and break social molds,
would that really be a sufficient reason never to create? What sort
of life would we be living under those conditions, and could we call
ourselves free?
Even if good grades are not thought of as important to a student, the embarrassment from being berated in front of his or her peers could also be a negative outcome from breaking the mold in the wrong way.
Well, if criticism is
to disable creativity, then we will never create anything, I grant
you. But isn't the point of art that it enables criticism without
disabling itself?
The benefits of respecting your Professor may seem small in that the main benefit is keeping things the same and not upsetting the balance. But I think there are additional benefits such as mutual respect between the Professor and student and also the respect of your peers in not insulting someone who has direct control over their job prospects. Even setting aside job prospects, mutual respect with a Professor could lead to future partnerships and even a potential mentoring relationship.
On the other hand, if we give respect to those Professors who have not earned it, then we are condoning their habits. They will continue to not merit any admiration and we will continue to not learn and things will never change. We would forever be stuck in a rut because of the fear of disrespecting someone who seems intimidating and superior to us. Because of this I think sometimes going against the norm, which may be disrespectful, is necessary. However, knowing that it may be construed as disrespectful shows the large risk that these actions require. The size of the risk means that not many people will take it but perhaps there is another way to not conform that avoids this risk.
I think that there is an answer in the concept of reciprocal respect. While it is generally accepted that students have to earn respect of their Professors and Peers, typically Professors have respect as soon as they walk into the classroom on the first day of class. I propose that Professors walk in the first day with the intention of gaining the respect of their students in the same way that students are anxious to do during their first cold call. In proving the respect of both parties the non-conformist actions will be less risky since they will be done with respect since the students have earned their respect and the Professors have merited their respect as well.
A final caveat on reciprocal respect in my opinion is respect in other spheres of life. In education, and Law school specifically, reciprocal respect can be conducive to both learning and substantive change but in day-to-day relationships requiring someone to earn their respect as soon as you meet them is unlikely to make you many friends.
There are two routes to improvement here, different but to my mind equally likely to be productive:
- Back up one step closer to the start of the thoughtline. Creativity demands some degree of willingness not to conform. How does one cultivate the mindset necessary to create?
- Do a second draft in which the same sort of development is applied, instead of "respect," to "courage."
| > > | Once we have the courage to take risks it can lead to the discomfort observed in class but it can also lead to more creative approaches to problems. Creativity demands some level of willingness not to conform and the way that we can cultivate the mindset necessary to create is to cultivate courage. | |
\ No newline at end of file | |
> > |
Outcome: willingness → courage → creativity |
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MariaLaGuminaFirstEssay 2 - 22 Feb 2016 - Main.EbenMoglen
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META TOPICPARENT | name="FirstEssay" |
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. | | Respect
Question Presented: How important is respect? | |
< < | Throughout our discussions in class we have often circled back to the premise that being non-conformist is what is best for us as law students. After some hesitation I can see the benefits of not following the herd or sticking to the status quo but as I turned over this thesis and how it applies to me as a law student practically I kept coming across the same issue. The main stage to avoid the status quo is clearly in class, however every example we have discussed in our class seems to lack one thing, respect for the Professor. If I were to start cracking jokes in my Constitutional Law class it may at first seem like some levity but as I continued to waste time it would increasingly seem like I was disrespecting the Professor, and even my fellow students. | > > |
Isn't that the sort of question that has to be rhetorical? The
reader doesn't expect you to say it isn't important. You could have
said "respect is important." But the idea of the essay is something
else, obviously, and it would be better to begin with that.
Throughout our discussions in class we have often circled back to the premise that being non-conformist is what is best for us as law students.
No, it's not a circle. The course is about creativity.
That conformism and creativity are at odds goes without
saying. We might be taken to have established a working
hypothesis that willingness not to conform is a necessary
but not sufficient condition for creativity.
After some hesitation I can see the benefits of not following the herd or sticking to the status quo but as I turned over this thesis and how it applies to me as a law student practically I kept coming across the same issue. The main stage to avoid the status quo is clearly in class, however every example we have discussed in our class seems to lack one thing, respect for the Professor. If I were to start cracking jokes in my Constitutional Law class it may at first seem like some levity but as I continued to waste time it would increasingly seem like I was disrespecting the Professor, and even my fellow students.
I don't think the point of the story is that the joke was
irrelevant. Nor do I think that the point of the story
was that I was disrespectful to Peter Schuck. The point
of the story was that my fellow students responded with
discomfort. As you are doing.
| | This premise then got me thinking about the other side of the argument, that is do these people deserve my respect. I believe that everyone deserves respect but if you subscribe to the definition of respect as a feeling of deep admiration for someone that is a result of their qualities then some may say that you have to earn respect. Then the question becomes “Have my Law professors earned my respect?” I believe that most people who go to the institution of Law School, especially Columbia, have trust in that institution and so trust the professors that work there to have earned their respect through their work and experiences. Thus, we should respect them as the experts in their field and the experts on how to teach us about their field. However, discussions that we have had in class have shown that Law School Professors are maybe not the most expert on how to teach. | |
< < | This gets to an issue of where respect should come from. The two sources in my opinion are earned respect and inherent respect. In an ideal world all respect would be earned and warranted but more often than not inherent respect is more common. Particularly at Law School the respect is inherent, especially at a place that is referred to as an ‘institution’ more regularly than as a ‘school’. This inherent respect can cause us to not give a second thought to the merit of the respect that we give to the members of this ‘institution’. If we were to give a second thought to the merit of the respect then we would be leaning towards the view of earned respect as the pinnacle of respect. | > > | This gets to an issue of where respect should come from. The two sources in my opinion are earned respect and inherent respect. In an ideal world all respect would be earned and warranted but more often than not inherent respect is more common.
What does this
mean? I think the meaning of "inherent respect" is "social
status" and the meaning of "earned respect" is "personal
evaluation of competence, integrity or judgment." Using an
adjective modifying "respect" to denote two different social
or psychological phenomena is probably going to lead to more
confusion than clarity.
Particularly at Law School the respect is inherent, especially at a place that is referred to as an ‘institution’ more regularly than as a ‘school’. This inherent respect can cause us to not give a second thought to the merit of the respect that we give to the members of this ‘institution’. If we were to give a second thought to the merit of the respect then we would be leaning towards the view of earned respect as the pinnacle of respect.
This is the problem it leads to. Respect for the
intellect, character, professional performance as lawyer,
writer or teacher of a particular individual is obviously
different, not more or less, than hierarchical social
status. How does trying to find a "pinnacle" advance the
thought process. And, is this a digression from the
subject of the essay? We still don't know what the
essay's theme is.
Once we decide that respect should not be inherent we get into the issue of accepting that some Professors have not earned respect and so we do not need to give deference to them. Practically this poses a major problem. If Professors do not get respect then the class would devolve into a major time wasting session. Also, most Professors, especially here at Columbia, have a high regard of themselves and would not tolerate disrespect. The examples in class have laid out situations where the non-conformist behavior had happy endings, such as being hired as a research assistant, however it is just as plausible that the Professor would give you a C and effectively cut off many opportunities for employment in the future.
How do you know it is "just as plausible"? What makes you believe
that the routine behavior of teachers is as unprincipled, arbitrary,
and socially destructive as you hypothesize? I yield to no one in
my critical evaluation of law school as we know it. But I think
this claim about the likely behavior of my colleagues or other
professional teachers is grossly improbable if not outright
ridiculous. I wonder how you came by it and what evidence you think
supports it.
But could it really be, in any event, that creative behavior is to
be forbidden you because someone might respond in a hostile or
offended fashion? Even if you thought: (a) that creativity is
likely to be punished; (b) that you could not yourself sense in
social situations how severe the penalty for creativity might be;
and (c) that there is no offsetting likelihood that people will
respond positively to your ability to invent and break social molds,
would that really be a sufficient reason never to create? What sort
of life would we be living under those conditions, and could we call
ourselves free?
Even if good grades are not thought of as important to a student, the embarrassment from being berated in front of his or her peers could also be a negative outcome from breaking the mold in the wrong way.
Well, if criticism is
to disable creativity, then we will never create anything, I grant
you. But isn't the point of art that it enables criticism without
disabling itself? | | | |
< < | Once we decide that respect should not be inherent we get into the issue of accepting that some Professors have not earned respect and so we do not need to give deference to them. Practically this poses a major problem. If Professors do not get respect then the class would devolve into a major time wasting session. Also, most Professors, especially here at Columbia, have a high regard of themselves and would not tolerate disrespect. The examples in class have laid out situations where the non-conformist behavior had happy endings, such as being hired as a research assistant, however it is just as plausible that the Professor would give you a C and effectively cut off many opportunities for employment in the future. Even if good grades are not thought of as important to a student, the embarrassment from being berated in front of his or her peers could also be a negative outcome from breaking the mold in the wrong way. | | The benefits of respecting your Professor may seem small in that the main benefit is keeping things the same and not upsetting the balance. But I think there are additional benefits such as mutual respect between the Professor and student and also the respect of your peers in not insulting someone who has direct control over their job prospects. Even setting aside job prospects, mutual respect with a Professor could lead to future partnerships and even a potential mentoring relationship.
On the other hand, if we give respect to those Professors who have not earned it, then we are condoning their habits. They will continue to not merit any admiration and we will continue to not learn and things will never change. We would forever be stuck in a rut because of the fear of disrespecting someone who seems intimidating and superior to us. Because of this I think sometimes going against the norm, which may be disrespectful, is necessary. However, knowing that it may be construed as disrespectful shows the large risk that these actions require. The size of the risk means that not many people will take it but perhaps there is another way to not conform that avoids this risk. | | A final caveat on reciprocal respect in my opinion is respect in other spheres of life. In education, and Law school specifically, reciprocal respect can be conducive to both learning and substantive change but in day-to-day relationships requiring someone to earn their respect as soon as you meet them is unlikely to make you many friends. | |
< < |
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" character on the next two lines: | > > |
There are two routes to improvement here, different but to my mind equally likely to be productive:
- Back up one step closer to the start of the thoughtline. Creativity demands some degree of willingness not to conform. How does one cultivate the mindset necessary to create?
- Do a second draft in which the same sort of development is applied, instead of "respect," to "courage."
| | | |
< < | | > > | | | | |
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MariaLaGuminaFirstEssay 1 - 19 Feb 2016 - Main.MariaLaGumina
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> > |
META TOPICPARENT | name="FirstEssay" |
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.
Respect
-- By MariaLaGumina - 19 Feb 2016
Respect
Question Presented: How important is respect?
Throughout our discussions in class we have often circled back to the premise that being non-conformist is what is best for us as law students. After some hesitation I can see the benefits of not following the herd or sticking to the status quo but as I turned over this thesis and how it applies to me as a law student practically I kept coming across the same issue. The main stage to avoid the status quo is clearly in class, however every example we have discussed in our class seems to lack one thing, respect for the Professor. If I were to start cracking jokes in my Constitutional Law class it may at first seem like some levity but as I continued to waste time it would increasingly seem like I was disrespecting the Professor, and even my fellow students.
This premise then got me thinking about the other side of the argument, that is do these people deserve my respect. I believe that everyone deserves respect but if you subscribe to the definition of respect as a feeling of deep admiration for someone that is a result of their qualities then some may say that you have to earn respect. Then the question becomes “Have my Law professors earned my respect?” I believe that most people who go to the institution of Law School, especially Columbia, have trust in that institution and so trust the professors that work there to have earned their respect through their work and experiences. Thus, we should respect them as the experts in their field and the experts on how to teach us about their field. However, discussions that we have had in class have shown that Law School Professors are maybe not the most expert on how to teach.
This gets to an issue of where respect should come from. The two sources in my opinion are earned respect and inherent respect. In an ideal world all respect would be earned and warranted but more often than not inherent respect is more common. Particularly at Law School the respect is inherent, especially at a place that is referred to as an ‘institution’ more regularly than as a ‘school’. This inherent respect can cause us to not give a second thought to the merit of the respect that we give to the members of this ‘institution’. If we were to give a second thought to the merit of the respect then we would be leaning towards the view of earned respect as the pinnacle of respect.
Once we decide that respect should not be inherent we get into the issue of accepting that some Professors have not earned respect and so we do not need to give deference to them. Practically this poses a major problem. If Professors do not get respect then the class would devolve into a major time wasting session. Also, most Professors, especially here at Columbia, have a high regard of themselves and would not tolerate disrespect. The examples in class have laid out situations where the non-conformist behavior had happy endings, such as being hired as a research assistant, however it is just as plausible that the Professor would give you a C and effectively cut off many opportunities for employment in the future. Even if good grades are not thought of as important to a student, the embarrassment from being berated in front of his or her peers could also be a negative outcome from breaking the mold in the wrong way.
The benefits of respecting your Professor may seem small in that the main benefit is keeping things the same and not upsetting the balance. But I think there are additional benefits such as mutual respect between the Professor and student and also the respect of your peers in not insulting someone who has direct control over their job prospects. Even setting aside job prospects, mutual respect with a Professor could lead to future partnerships and even a potential mentoring relationship.
On the other hand, if we give respect to those Professors who have not earned it, then we are condoning their habits. They will continue to not merit any admiration and we will continue to not learn and things will never change. We would forever be stuck in a rut because of the fear of disrespecting someone who seems intimidating and superior to us. Because of this I think sometimes going against the norm, which may be disrespectful, is necessary. However, knowing that it may be construed as disrespectful shows the large risk that these actions require. The size of the risk means that not many people will take it but perhaps there is another way to not conform that avoids this risk.
I think that there is an answer in the concept of reciprocal respect. While it is generally accepted that students have to earn respect of their Professors and Peers, typically Professors have respect as soon as they walk into the classroom on the first day of class. I propose that Professors walk in the first day with the intention of gaining the respect of their students in the same way that students are anxious to do during their first cold call. In proving the respect of both parties the non-conformist actions will be less risky since they will be done with respect since the students have earned their respect and the Professors have merited their respect as well.
A final caveat on reciprocal respect in my opinion is respect in other spheres of life. In education, and Law school specifically, reciprocal respect can be conducive to both learning and substantive change but in day-to-day relationships requiring someone to earn their respect as soon as you meet them is unlikely to make you many friends.
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" character on the next two lines:
Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list. |
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