Law in Contemporary Society

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TortureAndWholeProof 3 - 31 Jan 2008 - Main.JenniferBurke
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This article relates to Eben's point regarding torture/confession as an element of establishing proof in other law systems.
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 If one look at this practice from the transcendental nonsense view, I guess one could say that people justify their opinions and actions internally by deciding what they morally and/or practically want, which is then packaged externally in a way that reflects what they think others want (or want to hear) combined with what they think they can get away with. A self-interested balancing act, to be sure. I know Cohen wasn't phrasing things this ego-centrically, but I think the social forces to which refers are implemented through this thought process. Is my position too cynical?

-- BarbPitman - 30 Jan 2008

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I don't think your position is too cynical. I think that a lot of social forces, including law, are self-interested actions packaged as good for the general whole, and some of them are.

However,if we are justifying a position to torture morally or ethically, I think it moves beyond transcendental nonsense (even when packaging it to what others want to hear). Cohen says at page 310 that a competent legislature considers both the facts but also political and ethical judgments. I think if we said that torture is disallowed because, as a country, we are ethically opposed to it, it moves into the land of the real world and beyond the land of "legal speak."

-- JenniferBurke - 31 Jan 2008

 
 
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Revision 3r3 - 31 Jan 2008 - 15:01:52 - JenniferBurke
Revision 2r2 - 30 Jan 2008 - 20:16:42 - BarbPitman
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