Law in Contemporary Society
-- KalliopeKefallinos - 09 Feb 2010

I have been trying to identify and understand a kind of anxiety I have felt while reading materials for this class thus far.

The “problem” of the course has been identified, albeit with some hesitation (aka the “pawning of the license”). The Holmes and Cohen pieces were assigned to provide us with the tools to attack the problem (aka the function of the functionalist approach). Accordingly, the next step will probably be for us to learn how to use tools like functionalism to not pawn our licenses.

Assuming we identify the problem, gather the tools, and learn how to use the tools, it remains to be said whether we will be able to achieve our ultimate goals (whatever those might be).

How, then, can we conceive of the force compelling us? Let me see if I can frame this better.

The pragmatists and other realist thinkers of Holmes’ time were motivated by the idea of history as changing for the better—that is, history as progress, as evolution. Similarly, Eben brought up Weber’s analysis of Calvinism. The Calvinists were motivated by their desire to prove they were one of God’s chosen few. Both of these groups viewed life as operating according to a kind of algorithm. The consequence is that each person using the tools of the system risked very little to attain their goal (be that goal scientific advancement or the salvation of their soul). For example, if I as a Calvinist worked very hard and accumulated lots of profit, I proved to myself and everyone else that I was one of God’s saved and was thus necessarily saved. Little risk, big effort, but big gain.

Staying away from religion, I do not believe there are any such pervasive algorithms today. (Regarding pragmatism, it is clear—to me at least—that the current state of affairs is in general hardly better if not worse than those of the past.) Accordingly, by using tools like functionalism the risk is much higher that we will not attain that which we desire (or worse, that we will end up with that which we never desired at all).

Maybe the anxiety we are currently facing is ultimately us grappling with this increased risk??

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r1 - 09 Feb 2010 - 04:37:11 - KalliopeKefallinos
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