Law in Contemporary Society

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SecularizationOfTheLaw 7 - 21 Jan 2008 - Main.JesseCreed
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I am not sure if this discussion belongs under a new topic thread or a comment to the class notes. Since it's rather long, I decided to open up a new thread.
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I appreciate all your feedback, Kate and Eben. These are definitely historical generalities in need of more focus and precision. It is less the precise subject of the King's Two Bodies, more the fictional nature of this transcendental myth, that I hoped, persuasively or poorly, to address. I did not intend to mean that Holmes put an end to the theological conceptualization of the Law with respect to the King's Twin Bodies. The King's Two Bodies is exemplary in showing the absurdity of fabricating these legal fictions for the sake of logical clarity. Holmes asks us to put aside, should one truly want to grasp the law, any illusion of certainty in the law's ability to absorb both logic and morality. By their very nature, such legal fictions as the King's Two Bodies function in both logical and moral capacities to preserve and perpetuate this illusion, to introduce symbolic fictions to reach 'true' or 'right' decisions. Hence, I posed the question of legal fictions in contemporary society at the very end.

With respect to secularizing the law, I am still persuaded that, while it might be a historical question of the 16th century, it is indeed a philosophical question of the 19th century and, perhaps, beyond. The Italian philosopher Giorgio Agamben has translated these historical events to the modern philosophical discussion of the 21st century. In light of the general 'cultural mood' in the 19th century, I aligned Holmes with Marx, Freud, and Nietzsche as the three most well-documented critics of the onto-theological tradition tightly fastened to Western metaphysics since its beginning. Jacques Derrida groups these three intellectual giants together likewise.

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I appreciate all your feedback, Kate and Eben. These are definitely historical generalities in need of more focus and precision. It is less the precise subject of the King's Two Bodies, more the fictional nature of this transcendental myth, that I hoped, persuasively or poorly, to address.
 On an entirely different note, I really liked Eben's neologism "Nietzscheland," presumably a place where the cultured man would be excluded, and other visitors would see themselves transformed into double-bodied satyrs while wining and dancing with their brethren.

Revision 7r7 - 21 Jan 2008 - 03:21:02 - JesseCreed
Revision 6r6 - 20 Jan 2008 - 21:50:15 - JesseCreed
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