Law in Contemporary Society

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ChaseLaxFirstEssay 5 - 29 Jun 2015 - Main.MarkDrake
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A Law Student Phenotype


ChaseLaxFirstEssay 4 - 18 May 2015 - Main.ChaseLax
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Combating Compartmentalization

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A Law Student Phenotype

 -- By ChaseLax - 13 Mar 2015
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Risk Averse Control Freaks

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A Familiar Feeling

 “Risk averse control freaks.” Though I laughed when we were introduced to this classification during our first meeting, I was hiding a wave of anxiety that only subsided as I left the room and began to think about my 2:50 PM Property section. The next afternoon, I discovered that two of my friends in our class had decided to transfer into different electives, and I realized why I had been so rattled by those particular words.
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Now, after our discussions on subconscious mental activity and the merits of law school and corporate firms, I don’t disagree with Eben’s assessment that “the building is burning.” Thus far, however, I feel as though my willingness to hear and learn potentially identity-altering ideas has yet to translate into any self-initiative to delve deeper.
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After our discussions on subconscious mental activity and the merits of law school and corporate firms, I don’t disagree with Eben’s assessment that “the building is burning.” Throughout the final weeks of the semester, however, I have felt as though I mostly failed to translate my willingness to hear and learn potentially identity-altering ideas into any initiative to delve deeper.
 
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Naturally, I have begun to wonder, even if we are receptive to critical thought on these matters, are we, as risk averse control freaks, able to do anything about it? Will we always be compelled to run back inside the burning building, and if so, can we combat this default behavior?
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Naturally, I began to ask myself: as a risk-averse control freak, even if I am receptive to critical thought on these matters, will I always be compelled to run back inside the burning building? I have been concerned about my perpetual reversion to default behavior and dissociation from inconvenient realities, but we have already seen that splitting off, in some capacity, is inevitable for everyone. Looking at risk aversion and dissociation in isolation, therefore, may not be the most effective means of understanding the nature of such conduct. Alternatively, zooming out and analyzing overall behavior more holistically may be a better way to comprehend the source of prohibitive characteristics and become more amenable to personal growth.
 
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Compartmentalization

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Where to Look?

 
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We have established that “splitting” is an inevitable aspect of our social interactions. Therefore, in order to overcome our tendency to dissociate from inconvenient realities, it may be more useful to target the mental mechanism that directly facilitates fission, specifically, the initial isolating instance of compartmentalization.
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In this effort to discern the roots of current tendencies, Judge Celia Day’s notion of “phenotypes” provides a useful starting point. Though somewhat crude and focused exclusively on behavior and physical traits, Day’s understanding is not wholly detached from the basic biological concept: “The observable characteristics of an organism as they appear as the result of the interaction between the organism’s genetic structure and its environment.” While Day simply applies the theory as a means of compulsively forming broad generalizations about specific societal actors, her awareness (at least in a definitional sense) of the weight of environment over behavior and recognition that this “interaction” occurs at a “certain place, at a certain time,” is noteworthy. The Starbucks fiend and the crack junkie each possess the innate potential to be one of Day’s nineteen-nineties American urban drug addicts, just as the character of Robinson cannot be fully comprehended without accounting for his experience in Vietnam. Under this lens, it becomes possible to more closely examine and assess the path of one’s behavior.
 
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Though I feel influenced each week by our meetings, how is it that as soon as I leave the classroom I am so easily able to re-calibrate my line of thinking and immediately immerse myself back into the routine of reading case-law?
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The Phenotype

 
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Well, the purpose of what we are doing isn't at all to prevent you from concentrating on the forms of thinking that are being trained in your other classes, so perhaps there is an assumption underlying the whole discussion, not about dissociation but about how teaching works, and how it differs from training, that requires reexamination.
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Eben has explained how we are mechanically selected through the use of LSAT scores in the admissions process, and that as a result, each class is inevitably comprised of risk-averse control freaks. At a broader level, however, it becomes apparent that for those of us trying to figure out why we want to return next year to obtain a law license, the LSAT percentile was emblematic of a larger course of development in a specific environment that shaped a particular brand of fearful risk-aversion and protective dissociation. By remaining uncertain about a career path while attending a highly competitive and pre-professionally oriented university, one inevitably defers necessary deeper personal thought; self-reflective assessment becomes foreign, while GPA and standardized tests are prioritized. Accordingly, in order to excel in this uninspired activity, creativity, critical thought, and any semblance of self-doubt must be suppressed. The end result of this process, the deeply insecure and anxious overachiever who instinctively dissociates from any threat to his projected outward self-assurance, could easily be read as one of Day’s phenotypes.
 
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At This Rate...

 
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Though not yet a “deep moral compromise,” this internal resistance is strikingly similar to Carl Wylie’s propensity to compartmentalize prior to sublimating his feelings and “splitting off.” Wylie exudes detachment, as even when he discusses money, ostensibly his primary concern as a corporate lawyer, he quips that he “doesn’t know” what it is and “doesn’t really care.” Wylie’s preoccupation with chaos, although perhaps the ironic result of an aimless attempt at enlightenment, is also emblematic of this willing disconnection. By fetishizing intricacy and the unfathomable, the Partner can protectively shield himself from deeper thought and self-reflection.
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Since this particular manner of defensive suppression is, by its nature, short-term oriented, the realization that the self-imposed lack of awareness can continue indefinitely is especially jarring. Though not yet necessarily a “deep moral compromise,” the internal resistance seems strikingly similar to Carl Wylie’s propensity to compartmentalize prior to sublimating his feelings and splitting off. Wylie exudes detachment, as even when he discusses money, ostensibly his primary concern as a corporate lawyer, he quips that he “doesn’t know” what it is and “doesn’t really care.” Wylie’s preoccupation with chaos, although perhaps the ironic result of an aimless attempt at enlightenment, is also emblematic of this willing disconnection. By fetishizing intricacy and the unfathomable, the Partner can protectively shield himself from deeper thought and self-reflection. Similarly, “Jack” exhibits the same type of conduct during his therapy session with the psychiatrist. The attorney recognizes and fathoms the doctor’s diagnosis, but instead of allowing this self-understanding to manifest, he compartmentalizes the reality and deflects the inconvenient information.
 
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Phenotypic Plasticity

 
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Understanding but Not Internalizing

Crucially, Wylie’s indifference is not due to a stubborn, active denial of the realities of his work. Rather, he understands the ruinous consequences associated with many of his deals, but does not internalize them. Similarly, “Jack” exhibits the same type of conduct during his therapy session with the psychiatrist. The attorney recognizes and fathoms the doctor’s diagnosis, but instead of allowing this self-understanding to manifest, he compartmentalizes the reality and deflects the inconvenient information.

Prioritization

Conversely, Robinson does not engage in such undiscerning compartmentalization. Rather, the criminal lawyer exhibits prioritization, as he allows himself to internalize reality, form convictions, and act within his niche after forging this deeper understanding. Robinson doesn’t blind himself, but rather makes informed decisions, a manner of conduct that is especially evident when Joseph attempts to pinpoint possible contradictions in Robinson’s work. When the poet questions the merits of putting people in jail, Robinson authentically responds that “at least [he’ll] know how to try a case,” a testament to his self-awareness.

I'm not sure I read these two the same way you do, and it would have been helpful, at least for me, to tie it tighter to the text. But that takes space and time; perhaps we can do without them altogether and come closer to the material about which we are actually trying to think.

Productive Dissociation

Significantly, though Robinson can appreciate the ramifications of his conduct without sublimating his real feelings, since he is “never far from evil,” he nonetheless is perfectly capable of shrouding certain realities in order to more effectively operate within his niche. Unsurprisingly therefore, Robinson consistently attempts to deflate the importance of his self compromises with over-the-top, sarcastic remarks, and even suffers serious heart palpitations when confronted with particularly distressing examples.

Like splitting, willful abstraction from certain aspects of one’s reality may be inevitable in any endeavor, and the power to do so effectively in particular circumstances appears to be a highly useful skill. Eben, for instance, presumably mentally isolates certain aspects of being a Law Professor in order to thrive in the particular role he has carved out for himself. This suppression is apparent whenever he is presented with disturbing reminders of the institution in which he works (like copious leftover food purchased with student debt), as he becomes intensely agitated and, like Robinson, dramatically disposes of the unfortunate reality. Fundamentally, however, this underscores the difference between self-insulation as a tool rather than an impediment, between reasoned prioritization and disengaged compartmentalization: one’s ability to internalize and fully consider discomforting truths before acting.

What Can We Do?

If a key difference in the behavior between a Carl Wylie and Robinson is indeed located at the border between compartmentalization and prioritization, the question of how risk averse control freaks can repel their propensity for the former in hopes of eventually applying the latter still remains. Though it may be too late for Wylie and co. to combat their subconscious sublimation, we may effectively pre-empt further compartmentalization by emulating Robinson’s thirst for getting closer to the “essence of the thang.” By recognizing our subconscious tendencies and striving to actively undermine them, perhaps we can allow ourselves to become more vulnerable through self-reflection and develop in ways that were not previously possible. For instance, even though Eben had suggested that each of us learn the exact amount of debt with which we will graduate, I had neglected to put forth the minimal amount of effort required to do so. I now recognize that exercises like this are not only important for internalizing the cost of our education and determining whether or not we are receiving our money’s worth, but also because they facilitate deeper evaluative process that helps to promote a more complete self-awareness. Even if after scrutinizing our particular package of loans the monetary figure does not appear to be less burdensome, at least after this assessment we would be capable of making informed evaluations and prioritizing. Hopefully, through this type of forced exposure, we can become more cognizant and function more effectively in spite of our risk aversion by avoiding further compartmentalization.

This isn't an essay under discipline any more. The route to improvement is editing. We need to identify the core idea of the essay, get it introduced to the reader at the outset, so that the development—which means both explaining the idea and dealing with the most important questions and objections that skeptical editorial reading can identify—can follow in a fashion the reader too can follow. When the draft reflects that level of editorial control throughout, we will have something valuable, I am sure.

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The fear, therefore, is not simply dissociation, but rather an instinctual manner of splitting as influenced by the impact of a formative environment. Fortunately, though beyond Judge Day’s level of concern and analysis, the concept of Plasticity details that phenotypes are not always fixed, and that these expressed characteristics are subject to change in response to alterations in one’s surroundings. Though it may be too late for Carl Wylie, who, with just the right amount of espresso and chilled Volvic, has thoroughly adapted to his habitat, Eben has consistently emphasized the necessity of placing ourselves in a different environment both while we are in law school and away this summer. Being a risk-averse control freak, the anxiety over how I could immediately change my approach was overpowering. Now, however, I understand the importance and value of mere awareness as a crucial step towards self-improvement. If some degree of dissociation is unavoidable, then awareness itself represents an environmental change for the law student phenotype that has been calibrated to habitually suppress it.

ChaseLaxFirstEssay 3 - 12 Apr 2015 - Main.EbenMoglen
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META TOPICPARENT name="FirstEssay"
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

Combating Compartmentalization

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 We have established that “splitting” is an inevitable aspect of our social interactions. Therefore, in order to overcome our tendency to dissociate from inconvenient realities, it may be more useful to target the mental mechanism that directly facilitates fission, specifically, the initial isolating instance of compartmentalization.
Changed:
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Though I feel influenced each week by our meetings, how is it that as soon as I leave the classroom I am so easily able to re-calibrate my line of thinking and immediately immerse myself back into the routine of reading case-law? Though not yet a “deep moral compromise,” this internal resistance is strikingly similar to Carl Wylie’s propensity to compartmentalize prior to sublimating his feelings and “splitting off.” Wylie exudes detachment, as even when he discusses money, ostensibly his primary concern as a corporate lawyer, he quips that he “doesn’t know” what it is and “doesn’t really care.” Wylie’s preoccupation with chaos, although perhaps the ironic result of an aimless attempt at enlightenment, is also emblematic of this willing disconnection. By fetishizing intricacy and the unfathomable, the Partner can protectively shield himself from deeper thought and self-reflection.
>
>
Though I feel influenced each week by our meetings, how is it that as soon as I leave the classroom I am so easily able to re-calibrate my line of thinking and immediately immerse myself back into the routine of reading case-law?

Well, the purpose of what we are doing isn't at all to prevent you from concentrating on the forms of thinking that are being trained in your other classes, so perhaps there is an assumption underlying the whole discussion, not about dissociation but about how teaching works, and how it differs from training, that requires reexamination.

Though not yet a “deep moral compromise,” this internal resistance is strikingly similar to Carl Wylie’s propensity to compartmentalize prior to sublimating his feelings and “splitting off.” Wylie exudes detachment, as even when he discusses money, ostensibly his primary concern as a corporate lawyer, he quips that he “doesn’t know” what it is and “doesn’t really care.” Wylie’s preoccupation with chaos, although perhaps the ironic result of an aimless attempt at enlightenment, is also emblematic of this willing disconnection. By fetishizing intricacy and the unfathomable, the Partner can protectively shield himself from deeper thought and self-reflection.

 

Understanding but Not Internalizing

Line: 32 to 38
 Conversely, Robinson does not engage in such undiscerning compartmentalization. Rather, the criminal lawyer exhibits prioritization, as he allows himself to internalize reality, form convictions, and act within his niche after forging this deeper understanding. Robinson doesn’t blind himself, but rather makes informed decisions, a manner of conduct that is especially evident when Joseph attempts to pinpoint possible contradictions in Robinson’s work. When the poet questions the merits of putting people in jail, Robinson authentically responds that “at least [he’ll] know how to try a case,” a testament to his self-awareness.
Added:
>
>
I'm not sure I read these two the same way you do, and it would have been helpful, at least for me, to tie it tighter to the text. But that takes space and time; perhaps we can do without them altogether and come closer to the material about which we are actually trying to think.

 

Productive Dissociation

Significantly, though Robinson can appreciate the ramifications of his conduct without sublimating his real feelings, since he is “never far from evil,” he nonetheless is perfectly capable of shrouding certain realities in order to more effectively operate within his niche. Unsurprisingly therefore, Robinson consistently attempts to deflate the importance of his self compromises with over-the-top, sarcastic remarks, and even suffers serious heart palpitations when confronted with particularly distressing examples.

Line: 41 to 53
 

What Can We Do?

If a key difference in the behavior between a Carl Wylie and Robinson is indeed located at the border between compartmentalization and prioritization, the question of how risk averse control freaks can repel their propensity for the former in hopes of eventually applying the latter still remains. Though it may be too late for Wylie and co. to combat their subconscious sublimation, we may effectively pre-empt further compartmentalization by emulating Robinson’s thirst for getting closer to the “essence of the thang.” By recognizing our subconscious tendencies and striving to actively undermine them, perhaps we can allow ourselves to become more vulnerable through self-reflection and develop in ways that were not previously possible. For instance, even though Eben had suggested that each of us learn the exact amount of debt with which we will graduate, I had neglected to put forth the minimal amount of effort required to do so. I now recognize that exercises like this are not only important for internalizing the cost of our education and determining whether or not we are receiving our money’s worth, but also because they facilitate deeper evaluative process that helps to promote a more complete self-awareness. Even if after scrutinizing our particular package of loans the monetary figure does not appear to be less burdensome, at least after this assessment we would be capable of making informed evaluations and prioritizing. Hopefully, through this type of forced exposure, we can become more cognizant and function more effectively in spite of our risk aversion by avoiding further compartmentalization. \ No newline at end of file

Added:
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This isn't an essay under discipline any more. The route to improvement is editing. We need to identify the core idea of the essay, get it introduced to the reader at the outset, so that the development—which means both explaining the idea and dealing with the most important questions and objections that skeptical editorial reading can identify—can follow in a fashion the reader too can follow. When the draft reflects that level of editorial control throughout, we will have something valuable, I am sure.

 \ No newline at end of file

ChaseLaxFirstEssay 2 - 13 Mar 2015 - Main.ChaseLax
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META TOPICPARENT name="FirstEssay"
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 It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Line: 26 to 25
 

Understanding but Not Internalizing

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Crucially, Wylie’s indifference is not the result of a failure to comprehend or a stubborn active denial of the realities of his work. Rather, he understands the ruinous consequences associated with many of his deals, but does not internalize them. Similarly, “Jack” exhibits the same type of conduct during his therapy session with the psychiatrist. The attorney recognizes and fathoms the doctor’s diagnosis, but instead of allowing this self-understanding to manifest, he compartmentalizes the reality and deflects the inconvenient information.
>
>
Crucially, Wylie’s indifference is not due to a stubborn, active denial of the realities of his work. Rather, he understands the ruinous consequences associated with many of his deals, but does not internalize them. Similarly, “Jack” exhibits the same type of conduct during his therapy session with the psychiatrist. The attorney recognizes and fathoms the doctor’s diagnosis, but instead of allowing this self-understanding to manifest, he compartmentalizes the reality and deflects the inconvenient information.
 

Prioritization

Line: 42 to 41
 

What Can We Do?

If a key difference in the behavior between a Carl Wylie and Robinson is indeed located at the border between compartmentalization and prioritization, the question of how risk averse control freaks can repel their propensity for the former in hopes of eventually applying the latter still remains. Though it may be too late for Wylie and co. to combat their subconscious sublimation, we may effectively pre-empt further compartmentalization by emulating Robinson’s thirst for getting closer to the “essence of the thang.” By recognizing our subconscious tendencies and striving to actively undermine them, perhaps we can allow ourselves to become more vulnerable through self-reflection and develop in ways that were not previously possible. For instance, even though Eben had suggested that each of us learn the exact amount of debt with which we will graduate, I had neglected to put forth the minimal amount of effort required to do so. I now recognize that exercises like this are not only important for internalizing the cost of our education and determining whether or not we are receiving our money’s worth, but also because they facilitate deeper evaluative process that helps to promote a more complete self-awareness. Even if after scrutinizing our particular package of loans the monetary figure does not appear to be less burdensome, at least after this assessment we would be capable of making informed evaluations and prioritizing. Hopefully, through this type of forced exposure, we can become more cognizant and function more effectively in spite of our risk aversion by avoiding further compartmentalization.

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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

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ChaseLaxFirstEssay 1 - 13 Mar 2015 - Main.ChaseLax
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META TOPICPARENT name="FirstEssay"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Combating Compartmentalization

-- By ChaseLax - 13 Mar 2015

Risk Averse Control Freaks

“Risk averse control freaks.” Though I laughed when we were introduced to this classification during our first meeting, I was hiding a wave of anxiety that only subsided as I left the room and began to think about my 2:50 PM Property section. The next afternoon, I discovered that two of my friends in our class had decided to transfer into different electives, and I realized why I had been so rattled by those particular words.

Now, after our discussions on subconscious mental activity and the merits of law school and corporate firms, I don’t disagree with Eben’s assessment that “the building is burning.” Thus far, however, I feel as though my willingness to hear and learn potentially identity-altering ideas has yet to translate into any self-initiative to delve deeper.

Naturally, I have begun to wonder, even if we are receptive to critical thought on these matters, are we, as risk averse control freaks, able to do anything about it? Will we always be compelled to run back inside the burning building, and if so, can we combat this default behavior?

Compartmentalization

We have established that “splitting” is an inevitable aspect of our social interactions. Therefore, in order to overcome our tendency to dissociate from inconvenient realities, it may be more useful to target the mental mechanism that directly facilitates fission, specifically, the initial isolating instance of compartmentalization.

Though I feel influenced each week by our meetings, how is it that as soon as I leave the classroom I am so easily able to re-calibrate my line of thinking and immediately immerse myself back into the routine of reading case-law? Though not yet a “deep moral compromise,” this internal resistance is strikingly similar to Carl Wylie’s propensity to compartmentalize prior to sublimating his feelings and “splitting off.” Wylie exudes detachment, as even when he discusses money, ostensibly his primary concern as a corporate lawyer, he quips that he “doesn’t know” what it is and “doesn’t really care.” Wylie’s preoccupation with chaos, although perhaps the ironic result of an aimless attempt at enlightenment, is also emblematic of this willing disconnection. By fetishizing intricacy and the unfathomable, the Partner can protectively shield himself from deeper thought and self-reflection.

Understanding but Not Internalizing

Crucially, Wylie’s indifference is not the result of a failure to comprehend or a stubborn active denial of the realities of his work. Rather, he understands the ruinous consequences associated with many of his deals, but does not internalize them. Similarly, “Jack” exhibits the same type of conduct during his therapy session with the psychiatrist. The attorney recognizes and fathoms the doctor’s diagnosis, but instead of allowing this self-understanding to manifest, he compartmentalizes the reality and deflects the inconvenient information.

Prioritization

Conversely, Robinson does not engage in such undiscerning compartmentalization. Rather, the criminal lawyer exhibits prioritization, as he allows himself to internalize reality, form convictions, and act within his niche after forging this deeper understanding. Robinson doesn’t blind himself, but rather makes informed decisions, a manner of conduct that is especially evident when Joseph attempts to pinpoint possible contradictions in Robinson’s work. When the poet questions the merits of putting people in jail, Robinson authentically responds that “at least [he’ll] know how to try a case,” a testament to his self-awareness.

Productive Dissociation

Significantly, though Robinson can appreciate the ramifications of his conduct without sublimating his real feelings, since he is “never far from evil,” he nonetheless is perfectly capable of shrouding certain realities in order to more effectively operate within his niche. Unsurprisingly therefore, Robinson consistently attempts to deflate the importance of his self compromises with over-the-top, sarcastic remarks, and even suffers serious heart palpitations when confronted with particularly distressing examples.

Like splitting, willful abstraction from certain aspects of one’s reality may be inevitable in any endeavor, and the power to do so effectively in particular circumstances appears to be a highly useful skill. Eben, for instance, presumably mentally isolates certain aspects of being a Law Professor in order to thrive in the particular role he has carved out for himself. This suppression is apparent whenever he is presented with disturbing reminders of the institution in which he works (like copious leftover food purchased with student debt), as he becomes intensely agitated and, like Robinson, dramatically disposes of the unfortunate reality. Fundamentally, however, this underscores the difference between self-insulation as a tool rather than an impediment, between reasoned prioritization and disengaged compartmentalization: one’s ability to internalize and fully consider discomforting truths before acting.

What Can We Do?

If a key difference in the behavior between a Carl Wylie and Robinson is indeed located at the border between compartmentalization and prioritization, the question of how risk averse control freaks can repel their propensity for the former in hopes of eventually applying the latter still remains. Though it may be too late for Wylie and co. to combat their subconscious sublimation, we may effectively pre-empt further compartmentalization by emulating Robinson’s thirst for getting closer to the “essence of the thang.” By recognizing our subconscious tendencies and striving to actively undermine them, perhaps we can allow ourselves to become more vulnerable through self-reflection and develop in ways that were not previously possible. For instance, even though Eben had suggested that each of us learn the exact amount of debt with which we will graduate, I had neglected to put forth the minimal amount of effort required to do so. I now recognize that exercises like this are not only important for internalizing the cost of our education and determining whether or not we are receiving our money’s worth, but also because they facilitate deeper evaluative process that helps to promote a more complete self-awareness. Even if after scrutinizing our particular package of loans the monetary figure does not appear to be less burdensome, at least after this assessment we would be capable of making informed evaluations and prioritizing. Hopefully, through this type of forced exposure, we can become more cognizant and function more effectively in spite of our risk aversion by avoiding further compartmentalization.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


Revision 5r5 - 29 Jun 2015 - 20:07:14 - MarkDrake
Revision 4r4 - 18 May 2015 - 23:24:46 - ChaseLax
Revision 3r3 - 12 Apr 2015 - 22:51:07 - EbenMoglen
Revision 2r2 - 13 Mar 2015 - 20:03:30 - ChaseLax
Revision 1r1 - 13 Mar 2015 - 04:16:47 - ChaseLax
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