Law in Contemporary Society

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PerspectivesinLaw 23 - 03 Feb 2008 - Main.EbenMoglen
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 I’ve been having a hard time in this class, and would like others’ input. While this class is by far my favorite, it is also the most frustrating. I’m not sure how to look at what I consider to be stereotyping, judgmental views, and bifurcated ways of thinking: Good law versus bad law, pink skin versus non-pink skin, complacency and greed versus (what I assume is meant) altruism and righteousness. I’m probably not the most articulate person to be making the points I’m about to make, but please understand I mean no offense – I’m only trying to understand and be understood, and, through this classroom experience, to learn some non-academic things along the way.

Do I like money? You’re damned right I do. Why? Because, in this society, it opens up options and is the main instrument that one is forced to use in order to produce resources that one needs and prefers (in other words, those things that make life a heck of a lot easier). I don’t care about status, social position, or wealth per se (despite what may be unintentionally implied by the sentence about being a secretary as opposed to a lawyer in the profile at http://www.law.columbia.edu/media_inquiries/news_events/2007/December07/2010profiles.) The reason I applied to Columbia instead of law schools in my state is because I assumed (and I think rightly so) that on balance, there is too good a chance I will be unemployed after law school if I’m not able to tell prospective employers that I went to what this society considers a “top” law school. If I had chosen to go to a law school in my state (in my case, Indiana University), I would be paying $15,784 in tuition this year; at Columbia, I am paying $42,024. Yes, I’m paying up-front almost three times per year in tuition what I could be paying. But I, employers, and the law schools know that my chance of recouping that financial outlay is by far greater if I have the Latin equivalent of “Columbia” at the top of my diploma instead of “Indiana.” Frustrating, but real.

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 Eben responded to several threads, including this one, by discussing goals for the class. My word "Please" wrongly attributed that to be your intention. I hope you will go back to the Directory and improve my summary.
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Conversations go places the first speaker never intended. Fingers were pointed at me for starting conversations in a tone that took us away from Eben's goals. I intended the Directory to bring us back to those goals. If I started the conversation by pointing a finger at you, I apologize -- I didn't intend that either!
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Conversations go places the first speaker never intended, and that makes them hard to summarize fairly. Fingers were pointed at me for starting conversations in a tone that took us away from Eben's goals. I intended the Directory to bring us back to those goals. If I started the conversation by pointing a finger at you, I apologize -- I didn't intend that either!
 
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CONFLICT original 19:
The larger question is whether "first speakers" are responsible for unintended new directions. "Actively listen" has been Eben's theme, and not doing so causes communication to fail. But one could also argue that the original message is "whatever got heard."

-- AndrewGradman - 03 Feb 2008

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 The larger question is whether "first speakers" are responsible for unintended new directions. "Actively listen" has been Eben's theme, and not doing so causes communication to fail. But one could also argue that the original message is "whatever got heard." I don't have an opinion on which is right.

-- AndrewGradman - 03 Feb 2008

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 I guess I'm old-school on this point: I don't like to edit others' work. I'll edit my own work, and respond to what others say, but there's something about "tampering" directly with others' words (even if you can go to another page to see the edits) that bothers me.

-- BarbPitman - 03 Feb 2008

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Note to Recent Contributors

I thank you both for your efforts, and I would like you to leave the initiative here to others for a while. In both cases, I recognize that you are well-intentioned, but what you are trying to do is directly opposite to my intentions, and you aren't in touch with my reasons.

Andrew, your Index is directly contrary to the best data engineering in wikis. Your solution looks right to you, but it would end up making the problem worse.

The right solution in wikis is to make each topic a Topic, with a page of its own, and a "Talk" page attached to the topic for discussion about its contents. That about which there is consensus remains on the main Topic page, and that for which more interaction is necessary to establish the content of the Topic remains on the Talk page for that topic. Those who want to see how and why it works can study the Wikipedia. Refactoring then is largely about moving conclusions from Talk to Topic, and revising Talk to maximize the productivity of future Talk. Ian and I have been planning the editorial interventions needed to reduce the clutter caused by such un-wiki behavior as Topic and Topic2 (which caused much levity and head-shaking among the wiki-theorists I showed it to). Now here you are asking people to invert what experience has shown to be the best structure in order to make what could literally be called the anti-best structure.

Has it occurred to all of you that one of the "hidden" objectives of the course (where, as Andrew says, Form and Content are indistinct) is to teach you how to use wikis to collaborate, because my work with my own lawyers in my firm and with others in the software industries around the world shows me that this is how you can learn to be more creative in your practices and more effective in your results? Don't try to take over the course mechanisms in the interests of "democracy" or "free speech" at least until you've learned what skilled craftsmen decades cannier and more experienced than you can teach you about how to use the tools. Makalika pointed this out last week and nobody listened to her, even after I pointed to her contribution so no one would miss it.

Barb, you are making the same mistake at another level. The wiki--with the exception of the papers-- should be about the intellectual structure and content of our investigation. About the readings and what they mean, about the inferences and questions that come out of them, about the "and" (and not so much of the "but") of what we learn from what we read. Classroom discussion allows us to investigate what it means to who we are as often as it allows us to clear the obscurities identified in writing. There are many reasons for this, including the benefit of training in collaborative editing--it is hard to edit someone else's personal statement, but easy to edit someone's reading of a passage or question raised by a conclusion. That's what you're going to use collaborative media to do in practice, as you assemble documents from many hands and minds. More importantly, to write about the personal and speak face to face about the impersonal inverts the emotional structure for the benefit of psychic defenses--shows of virtue, avoidance of confrontation, levying of accusations--which deprives us of the reality of the way human beings actually talk. I use Lawyerland for a reason, too, which we haven't begun to exploit yet. Wikis do not necessarily work well for poetry.

Your decision to invert the priority here, and then your show of self-confidence shading into arrogance in issuing instructions to me for the implementation of your decision, were bad judgments. My firm, as the lawyers who work there will tell you, is a quantum level lower in hierarchy than the traditional law firm. But we don't forget that every team has a leader, and nobody does there what you think it's ok to do here.

Both of you have decided to make tactical decisions about how to run the course based on inadequate knowledge and understanding. Because I collaborate to produce the course doesn't mean that your unprepared decisions based on taking and constructing the course at the same time should, could, or will be allowed to displace my decisions, which are made on the basis of years of experience and preparation, and are the decisions that constitute my job, with which no one in power is allowed to interfere. Collaboration, here and elsewhere, is not equality.

You are both very frequent contributors to our work. You have been valuable and you will be valuable again. But I lead the band around here, and it is time for you to sit out a couple of sets. Thank you.

-- EbenMoglen - 03 Feb 2008

 
 
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-- BarbPitman - 24 Jan 2008
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META TOPICMOVED by="BarbPitman" date="1201180708" from="Sandbox.PerspectivesinLaw" to="LawContempSoc.PerspectivesinLaw"

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Revision 22r22 - 03 Feb 2008 - 16:25:38 - BarbPitman
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