Law in Contemporary Society

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StephenSeveroSecondPaper 4 - 23 Apr 2010 - Main.StephenSevero
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Stephen, I wrote down some thoughts I'd like your opinion on before I edit if you get a chance. If not, that's ok, too.
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 The animism lies in the Law. Like God, it is something people use to order their lives, give their conduct meaning, etc. Attainment of God (Law) is best facilitated through priests (lawyers), who are in the best position to provide such facilitation because they are constantly subjugating themselves to God (Law) and its power. Nonetheless, even priests (lawyers) are ultimately not able to understand God (Law) metaphysically, because it is too complex (ie., chaos). Some priests (lawyers) might think they "know" God (Law), of course, and others, like Wylie, acknowledge the chaos. Is this correct? (I think you are particularly right-on about this if you consider medieval Christian attempts to come up with "proofs" of God's existence. They are hilarious. Have you read Anselm? Sidenote.)

By the way, I REALLY like the notion of the lawyer's expertise as a kind of intuition acquired and sharpened over time. It's a different way of using the term than Eben has used in class.

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I think you mostly have the right idea, but with a change in perspective. For me, the animism isn't really in the Law. It's in Wylie. The rest of your description is how Wylie portrays it, but it's not an accurate description of reality. The Law isn't animate, Wylie just acts as if it is. And though the overall Law may be too complex for anyone to understand, I meant to imply that Wylie claims even his area of expertise alone is too complex, which may not be true. I think this leads to his threatened niche - it's not just that there might be a better priest, but there might be a doctor - someone who brings a more ordered approach to it. (Anselm's proofs are pretty fun reading, same goes for Thomas Aquinas and even Kant. Assume a God...Q.E.D.)
 

"The animistic habit acts in all cases to blur the appreciation of causal sequence; but the earlier, less reflected, less defined animistic sense of propensity may be expected to affect the intellectual processes of the individual in a more pervasive way than the higher forms of anthropomorphism."

Veblen sees this animism as a hereditary holdover from our more primitive days, Wylie just sees it as effective. Even his description of espresso is filled with religious fervor. "I time when it hits - the extent to which it speeds the thought process. That precise point when consciousness is heightened and everything glows." He downs multiple espressos a day just to keep up with his work - which is constantly accelerating. Intense, detail oriented concentration at an ever increasing pace - sag behind and "you're irrelevant fast - real, real fast." I feel like Wylie's espresso habit is really significant in some way... I need to think more about it. let me know if you have any ideas.
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For me, the espresso was an example of a ritual. He won't drink anything else, he even has a preferred water brand. His entire approach to the espresso treats it as if it's some magical concoction. Plus, on a practical level, all he eats and drinks all day is 1) Fruit 2) 3-4 Double Shots of Espresso and 3) Wine. I'm not sure that's the best way to stay detail oriented.
 

"The sporting man's sense of luck and chance, or of fortuitous necessity, is an inarticulate or inchoate animism. It applies to objects and situations, often in a very vague way; but it is usually so far defined as to imply the possibility of propitiating, or of deceiving and cajoling, or otherwise disturbing the holding of propensities resident in the objects which constitute the apparatus and accessories of any game of skill or chance."

This animism can also be seen in the treatment of the "gray box" of CDOs and the stock market in general. Flipping stocks is a gamble, and one which allows the gambler to affect the outcome. The more people who want a stock, the more valuable it is. This satisfies the gambler's desire that his bet is not in vain, that it has influenced the outcome. "It is felt that substance and solicitude expended to this end can not go for naught in the issue." Veblen feels that this animism hampers rational thought. If the "gray box" isn't just a machine, but a being - one capable of at least some sort of clinamen, then there is little value in close scrutiny of the moving parts. It is enough to have seen it work often before, even if its wealth generation defies the laws of thermodynamics.
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 Carl Wylie is being forced out by societal evolution, his niche becoming ever more threatened. The relationships which support his trade will be increasingly strained by pecuniary pressures. He already feels the acceleration, commenting on how much harder he works and how much faster he must move to stay relevant in the ever-expanding world. Even in relation to his own law firm (and not the whole of lawyerdom), Wylie is receding. Currently, Wylie earns his living by transferring money "in a way no one else in the world knows how to do quite as efficiently." If he continues to be the most efficient, his position will be secure. His animism, his treatment of the law as indeterminate chaos almost capable of independent conceit, may still convince his business partners of his skill - but the value of the show is rapidly decreasing. A business doesn't care about the process involved in its appeasement, it is only concerned with the result. If some lawyer can do it faster, cheaper, "better", then Wiley loses his value. "The astute man, it may be remarked, is of no economic value to the community - unless it be for the purpose of sharp practice in dealings with other communities." Increased globalization and evolution beyond predatory exploit would sound a death knell for the Carl Wylies of the world.

There is something very good here I want to figure out. If Wylie has all this expertise, how is he becoming less relevant/ efficient? You think it might help to bring back the priest-lawyer comparison? I can see how the world might be seen as having changed such that priests are seen as a less efficient way to get to God. Some people think they can talk to God directly, for example. Here it seems like Wylie is getting replaced by another lawyer...I'm confusing myself, need to think about this, too.

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Wylie is still very useful, and it's not necessarily that he's becoming less efficient. But he's becoming less relevant because the world is growing too quickly around him. His firm has offices all over the world, and so he's competing against all of those lawyers. And certainly beyond his firm, the businesses he works with can now hire all over the globe. You could bring back the priest metaphor if you think it would illustrate it well, though maybe the Doctor analogy I used earlier might be better. It's not just the idea that individuals can talk to God directly (which I assume would be pro se or in-house counsel in the analogy), but that there might be someone with a more ordered approach - someone who treats it as science, not religion. If that someone else is faster, than the businesses Wylie has relationships with aren't going to hire him anymore. Regardless of the history, the business will hire the more effective counsel - "Partnership isn't worth shit." Thanks for your comments.
 

Revision 4r4 - 23 Apr 2010 - 12:41:46 - StephenSevero
Revision 3r3 - 22 Apr 2010 - 20:25:32 - KalliopeKefallinos
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