Law in Contemporary Society

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ModernLegalMagicCritique1 14 - 07 Feb 2008 - Main.JuliaS
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How was "subjectivity" or "discretion" a sufficient threat to have required magic? Could Frank's theory be influenced by WWII?
(I removed posts by AmandaHungerford and CarinaWallance that address an older version.)
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 Absent "legal magic", we would need to scrap the entire system and start again. In designing our new system we would first need to clearly define the goals we were trying to achieve. What do we mean by "fair"? Fair to individuals? Fair to society as a whole? Is the focus of the system rehabilitation? Redistribution? Once we clearly understand what we want, it may turn out that our propensity for relying on "magic" might actually be somewhat helpful. The trick may be in recognizing the weakness and then incorporating it into the system from the ground up.

-- SandorMarton - 06 Feb 2008

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I hate to digress but I find Eben's comment about the etymology of the term "Judeo-Christian" intriuging. I have always understood Judeo-Christian to be an innocuous term used to describe a body of concepts and values thought to be held commonly by Judaism and Christianity. I had no idea anyone considered it contemptuous. Can you elaborate, Eben?

-- JuliaS - 07 Feb 2008

 
 
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Revision 14r14 - 07 Feb 2008 - 00:40:02 - JuliaS
Revision 13r13 - 06 Feb 2008 - 22:20:01 - SandorMarton
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