Law in Contemporary Society

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ModernLegalMagicCritique1 9 - 05 Feb 2008 - Main.AdamCarlis
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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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 I would infer from the reading, as Daniel pointed out above, that Frank is tracing the evolution of solutions to this problem of uncertainty/magic. My view is that as long as we are a God-fearing society, we will continue to permit various levels of uncertainty within our secular legal system rooted in our beliefs regarding a higher moral being. In other words, swearing to God on a Bible is enough for the swearing in of the President of the United States. I cannot see, any time soon that is, the Judiciary inventing a truth telling robot to make sure the President will faithfully execute the duties of his or her office. I think a little magic is unavoidable.

-- AdamGold? - 05 Feb 2008

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Adam, I don't think "gaps in certainty" is quite on target when it comes to the meaning of MagicAccordingToFrank. To him, magic is more related to attempts to close those gaps that appear objective, but are subjective.

You raise an interesting point about the role of theology. I have always looked at things like swearing on the bible as a show: more form than function. I could be wrong, but I don't believe people get comfort from Bill Clinton swearing, on the bible, to uphold the Constitution. In that sense, his acts were not MagicAccordingToFrank, since they failed to bridge an otherwise treacherous gap with a seemingly objective action.

-- AdamCarlis - 05 Feb 2008

 
 
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Revision 9r9 - 05 Feb 2008 - 23:07:04 - AdamCarlis
Revision 8r8 - 05 Feb 2008 - 04:57:41 - AdamGold?
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