I would like to add a thought that occurred to me as I was reading Frank to this thread in the hopes that someone else might have thought about this as well.
When you take a Judeo-Christian based society and interpose on it a secular based legal system, you are bound to find gaps in certainty - i.e. magic as Frank would call it.
From the Ordeals to the swearing of oaths, our society has always to some degree relied on relgious beliefs and practices to faciliate the legal process.
I would infer from the reading, as Daniel pointed out above, that Frank is tracing the evolution of solutions to this problem of uncertainty/magic. My view is that as long as we are a God-fearing society, we will continue to permit various levels of uncertainty within our secular legal system rooted in our beliefs regarding a higher moral being. In other words, swearing to God on a Bible is enough for the swearing in of the President of the United States. I cannot see, any time soon that is, the Judiciary inventing a truth telling robot to make sure the President will faithfully execute the duties of his or her office. I think a little magic is unavoidable.
-- AdamGold? - 05 Feb 2008 |