Law in Contemporary Society

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PatrickCroninThirdPaper 19 - 23 Aug 2009 - Main.EbenMoglen
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 Music is an excellent tool for forming an organized group out of a mob. Music works because it doesn't obey the law of non-contradiction. Thus music can (temporarily) resolve the contradictions that run through a group -- unifying them. In fact, music can be understood as an art of pure organization. Composers create anxiety and satisfaction by approaching and receding from the edge of the tonal worlds they create. The tension produced in the middle of a classical sonata is the fear that the composer wont be able to successfully "bring it back" to the tonic, and that it will all "fall apart". The satisfaction is created by the composer pulling it off. But music is never played in a vacuum. The tension felt in the middle of a piece is also the anxiety and excitement created by the possibility that the audience will turn back into a mob -- a group of pure contradiction. The first performance of Stravinsky's The Rite of Spring is an instance of this reverse transformation of group into a mob.
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  • You are making a pretty risky decision, aren't you, in accepting the end of a Robert Altman movie as a depiction of reality? There's no basis for doing that.

 

The Law and Contradiction

Some people go to law school hoping to obtain the tools that will allow them to change the world. Their first year they are met with the full array of intractable conflicts that run through social groups. They come face to face with Arnold's insight that

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 Yea, I see what you mean Anja. Thanks for the honest criticism. I've been really struggling with narrowing down my topic in these 1,000 word assignments. I'm going to cut out the "theory of everything" stuff. Although it was cathartic to write, after looking at it for a week I agree with you that the only thing that ties it to the first topic is a perhaps idiosyncratic personal issue. I'm going to do some research on a particular example of the mob phenomenon. That should produce a more focused and substantial essay.

-- PatrickCronin? , 16 July 2009 \ No newline at end of file

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  • Though this is evidently still a draft in transition, it seems to me that I ought to say something about its travel thus far. The essence of this essay and the first one has been a call for the recognition of the contingent and the irrational, rendered in a sufficiently loose and associative rather than logical style to create some discomfort in readers. Methods of construction less rigorous and classical, in which the style shares the contingency, irrationality or incoherence of experience can be made to function effectively in larger works, but—as you have commented yourself—they don't work easily or well at 1,000 words.

* On the substance of your draft as it stands, I have two comments. The theory of the contradiction of self requires a unitary self to be contradicted. I think it's therefore at best unestablished and almost certainly wrong as stated. Crowd psychology has been a subject of great interest since Gustave Le Bon. I've mentioned before the impossibility of being a cultivated lawyer today without a good knowledge of Freud. In this case, the work is _Group Psychology and the Analysis of the Ego_ (1922). What puzzles me about the theory advanced here, aside from its choice to proceed as though no one else had ever thought about these issues before, is that the theories it resembles in emphasizing the irrationality of the crowd (from Le Bon to Edward Bernays) conduce to a belief in the inevitable necessity of propaganda: they lead directly to modern PR and they are, to put it softly, not very democratic in their political implications. So far, you haven't dealt with that except by ignoring the issue and those who have raised it.

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Revision 19r19 - 23 Aug 2009 - 23:44:24 - EbenMoglen
Revision 18r18 - 04 Aug 2009 - 21:50:40 - PatrickCronin
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