Law in Contemporary Society

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OurOwnMyths 18 - 14 Feb 2009 - Main.EbenMoglen
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I don't know what 'refactor' means, but since this has grown frustrating and confusing, I'm replacing the entire thread with a straightforward summary that does not resort to referencing Wikipedia, historical analogy, Poland in the 50s, Robspierre, or any other pretensions. I never meant to write anything complicated or argumentative.
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I don't know what 'refactor' means,

  • "Refactoring" is a word drawn from the practices of computer programmers. In wiki communities, to refactor a wiki page is to reorganize the ideas it contains to increase the usefulness of the page to readers. Using wiki the way we use it, to start topics of conversation that are intended to reach greater clarity or insight into the ideas we discuss when we are together, refactoring usually involves removing discussion and replacing it, as you did, with clear restatements. Because every version of every page is always available to all readers, removing the conversation doesn't mean that it's lost. The convention of refactoring is to take the page, remove discussion leaving a summary of what has been concluded and what remains in disagreement, followed by a list of the names of contributors to the discussion being summarized.

but since this has grown frustrating and confusing, I'm replacing the entire thread with a straightforward summary that does not resort to referencing Wikipedia, historical analogy, Poland in the 50s, Robspierre, or any other pretensions. I never meant to write anything complicated or argumentative.

 1) I am not writing about what Arnold thought. I am writing about what he made me think of.

2) From Tuesday's class I took away the following: according to EM, the libertarian argument that TG and LS gave for not saving Lehman (government cannot or should not interfere) was a myth covering their corrupt efforts to save AIG and benefit their own interests.

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  • Apparently I did not make myself clear. Geithner and his predecessor, Paulson, made a legal argument: that they did not have statutory authority to prevent the collapse of Lehman. This is pretty generally agreed to be false on its face.
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  • Apparently I did not make myself clear. Geithner and his predecessor, Paulson, made a legal argument: that they did not have statutory authority to prevent the collapse of Lehman. This is pretty generally agreed to be false on its face, and is inconsistent with their other behavior in the same period.
 3) We should be and will be encouraged to a state of outrage when confronted with situations like #2 (and any number of similar miserable human events).
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 I think your assessment of my main idea is largely accurate; it's an approach for someone who's concerned above all else with avoiding committing injustices of his own. "First do no evil" is the idea I have in mind.
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  • This can't be the standard applied to private practice, because one could not possibly give zealous representation to any client if one had a supervening duty to prevent unforeseen harms to everyone else.
 I wouldn't so readily equate being a critic with staying on the sidelines, though. In our society, the tendency is to frown on people who criticize the way things are without offering solutions of their own. But I don't think that's fair; simply complaining about injustice can serve some useful purposes. It lets others feeling the same way know that they're not alone, and can show the injustice to others who hadn't thought about it before.

-- MichaelHolloway - 14 Feb 2009


Revision 18r18 - 14 Feb 2009 - 00:17:14 - EbenMoglen
Revision 17r17 - 14 Feb 2009 - 00:07:40 - MichaelHolloway
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