Law School Discussion

Nine Years of Discussion
;

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Metodi

Pages: [1]
1
General Board / Re: Psychopath attorneys
« on: February 16, 2012, 05:37:37 PM »

[...]

There are, however, other ways that similar types of defenses against the homosexual self-label can be articulated. These males to be "homophobic, gay-bashing hoodlums who pick up or are picked up by a gay male, have sex with him, and they exorcise their own homosexual guilt by assaulting and maybe killing him. The "exorcist syndrome" which is a version of the "Dr. Jekyll and Mr. Hyde" nature manifested by people like Cardinal Spellman and Roy Cohn. The phenomena is also similar to a "split personality" situation. One of the personalities is "the grand inquisitor," as McCarthy and Cohn had become in a spectacular way, and it needs to punish the homosexual part of their 'personality'. This internal war is also projected outward causing these socially created monsters to harm other gay males by ruining their careers or, as other males will do, punishing them may include physical assaults and even murder.

[...]


Here's another parallel from poster maj:

Quote


[...] The "grandiosity gap" - the painful and narcissistically injurious gap between their grandiose fantasies and their dreary and humiliating reality - becomes emotionally insupportable. They decompensate and act out. [...] Unbeknownst to them, they seek self punishment. They are at heart suicidal. [...] This is called "projective identification". They attribute evil and corruption to their enemies and foes. These forms of paranoia are called projection and splitting. These are all primitive, infantile, and often persecutory, defence mechanisms.

When coupled with narcissism - the inability to empathize, the exploitativeness, the sense of entitlement, the rages, the dehumanization and devaluation of others - this mindset yields abysmal contempt for the narcissist's victims. The overriding emotion of terrorists and serial killers, the amalgam and culmination of their tortured psyche - is deep seated disdain for everything human, the flip side of envy. It is cognitive dissonance gone amok. [...] To justify this apparent contradiction, the mass murderer casts himself as an altruistic savior of a group of people "endangered" by his foes. [...]

[...] Their cosmic significance is daily sustained by newspaper headlines, ever increasing bounties, admiring copycats, successful acts of blackmail, the strength and size of their opponents, and the devastation of human life and property. Appeasement works only to aggravate their drives and strengthen their appetites by emboldening them and by raising the threshold of excitation and "narcissistic supply". Terrorists and killers are addicted to this drug of being acknowledged and reflected. They derive their sense of existence, parasitically, from the reactions of their (often captive) audience.

Erich Fromm suggested that both Hitler and Stalin were narcissistic mass murderers. Hitler and Nazism are often portrayed as an apocalyptic and seismic break with European history. Yet the truth is that they were the culmination and reification of European history in the 19th century. Europe's annals of colonialism have prepared it for the range of phenomena associated with the Nazi regime - from industrial murder to racial theories, from slave labor to the forcible annexation of territory. [...] Moreover, Nazi Germany innovated by applying prevailing racial theories (usually reserved to non-whites) to the white race itself. It started with the Jews - a non-controversial proposition - but then expanded them to include "east European" whites, such as the Poles and the Russians. Germany was not alone in its malignant nationalism. [...] Nazism - and Fascism - were world ideologies, adopted enthusiastically in places as diverse as Iraq, Egypt, Norway, Latin America, and Britain. At the end of the 1930's, liberal capitalism, communism, and fascism (and its mutations) were locked in mortal battle of ideologies. [...]

[...]

What was the role of the Jews in all this? [...] The Jews constituted a perfect, easily identifiable, reification of all that was "wrong" with Europe. They were an old nation, they were eerily disembodied (without a territory), they were cosmopolitan, they were part of the establishment, they were "decadent", they were hated on religious and socio-economic grounds, they were different, they were narcissistic (felt and acted as morally superior), they were everywhere, they were defenseless, they were credulous, they were adaptable (and thus could be co-opted to collaborate in their own destruction). They were the perfect hated father figure and parricide was in fashion.

[...]

2
General Board / Re: 1 year later....still glad u went to law school?
« on: February 16, 2012, 05:19:26 PM »

Quote

Well, the fact is that it's the police that deals with violent and dangerous criminals. For instance, local cops deal with many more drugs kingpins than all the other agencies put together. It's all about perception and promotion - for God's sake, Hoover could have well been a public relations guy hitting big with all his ad campaigns!

There was this French philosopher, Jean Baudrillard, who said that power is dead, dissolved, canceled and made hyperreal through simulations, models, codes. In the new Postmodern universe of mediablitz, we no longer have power per se -- but something like a simulation of power.

For instance, Ronald Reagan ruled like a king merely by posing -- by offering signs of power in photo ops and sound bites -- rather than by exercising power.


barabar, would this be the counterpart of the coded situation that the teacher puts the workers in, the one that Lovdie talks about?


[...]

It is by means of critical thinking that individuals will be able to understand the world in totality, not in fragments, achieving a clearer perception of the whole. To this end, a dialectical method of thought, exemplified in the analysis of a "coded" situation is presented. The "decoding" on the part of students/learners will guarantee moving from the part to the whole and then returning to the parts, so that the Subject recognizes oneself in the coded concrete situation and recognizes the latter as a situation in which he finds himself, as well as with the other people; accomplished as it should, this makes possible for the abstract to be "transported" to the concrete realm, by the critical perception of the subject himself. The task of the teacher becomes the "representing" of the universe of themes to the people from whom it was initially received -- presented to them as a "problem."


3
General Board / Re: INSTITUTIONAL DENIAL ABOUT THE DARK SIDE OF LAW SCHOOL
« on: February 16, 2012, 05:05:00 PM »

[...] In this country everyone is so uptight about sex - I remember some years ago when Jay Leno commented on how the video games industry changed the ratings of the game "Grand Theft Auto" to an adult-only rating after pressure from media watch dog groups and politicians because the game had hidden sexual content. Politicians felt the sex would have a negative effect on the children.

Apparently, a game when you're stealing cars and killing cops is okay - it's the sex we're worried about.


I wouldn't expect someone like Jay Leno to be surprised of such - I mean, when you consider the world a jungle, a competitive place where for every a winner there's a loser, would you think this culture will promote loving each-other and fully expressing yourself sexually?! I'd guess not! Very thoughtful of you, 2 young 2, to have made your post next to L Liberti's.

For the sake of truth, the INfamous Bell Curve has a very direct connection to Social Darwinism and the eugenics movement. The book "The Bell Curve," for instance, is perhaps one of the most controversial books of all time. Written by Richard Herrnstein and Charles Murray, the book uses empirical statistical analysis to reach conclusion of intelligence gap in American society. Two of the most controversial conclusions reached by the author are the relationships between low measured intelligence and anti-social behavior and the observed relationship between low African-American test scores, when compared to Asians or whites, and genetic factors in intelligence abilities.

These controversial conclusions can be tied to Darwin's theory of evolution. Written in Darwin's "The Origin of Species,"

Quote
"With animals having separated sexes there will be in most cases a struggle between the male for possession of the females. The most vigorous individuals, or those which have the most successfully struggled with their conditions of life, well generally leave most progeny. But success will often depends on having special weapons or means of defense, or on the charms of the males; against slightest advantage will lead to victory"

is one of the many quotes by Darwin which could be use to explain the conclusions reached by Herrnstein and Murray. Or in Stephen Jay Gould's words, "The Bell Curve" rests on two distinctly different but sequential arguments, which together encompass the classic corpus of biological determinism as a social philosophy - in other words, Social Darwinism.

Social Darwinism holds that Darwin's theory of evolution can be applied to the development of human social institutions. It first become popular in late 19th century and continued until end of World War II. The application of the term to 19th and 20th century modes of thought, however, generally did not occur until after the publication of American historian Richard Hofstadter's "Social Darwinism in American Thought" in 1944, which codified the concept in the sense it is generally used today.

Social Darwinism is often linked to eugenics, and is the backbone of Herrnstein & Murray's arguments, according to which humans are separated not only by race and class, but also by IQ - this being the central theme of the arguments brought forth by these authors. This argument may deviate from the original 19th century theory of Social Darwinism; however, its use of statistical analysis of IQ is the central thought of 20th century Social Darwinism. The conclusions of the authors suggest people who have high IQ would be more "successful in life" and people with low IQ will encounter more problems in life such as unemployment, divorce, crime, and poverty. Using Social Darwinism, survival of the fittest (or should we, more appropriately, say, survival of the unfittest, the fat lazy a s s e s?) and other laws of evolution can be applied to human society; hence, it can be understood, that the people with high IQ be successful in life therefore have a easier time passing on their "good" gene to the next generation because they have a easier time finding a partner. On other hand, the people with low IQ, often exert anti-social behavior, hence have problems finding and supporting a partner, therefore would have problem passing their gene to the next generation.

They maintain that

Quote
"It is time for America once again to try living with inequality, as life is lived: understanding that each human being has strengths and weaknesses, qualities we admire and qualities we do not admire, competencies and incompetencies, assets and debits; that the success of each human life is not measured externally but internally; that all of the rewards we can confer on each other, the most precious is a place as a valued fellow citizen."

This idea is the 20th century Social Darwinism. This idea is also the idea behind eugenic movements and research which was not unpopular during the time.


Hitler believed humans were animals to whom the genetics laws, learned from livestock breeding, could be applied. The Nazis believed that instead of permitting natural forces and chance to control evolution, they must direct the process to advance the human race. The first step to achieve this goal was to isolate the ‘inferior races’ in order to prevent them from further contaminating the ‘Aryan’ gene pool. The widespread public support for this policy was a result of the belief, common in the educated classes, in the conclusion that certain races were genetically inferior as was scientifically 'proven' by Darwinism. The Nazis believed that they were simply applying facts, proven by science, to produce a superior race of humans as part of their plan for a better world: 'The business of the corporate state was eugenics or artificial selection — politics as applied biology'.

Some may argue the connection between "The Bell Curve" and Social Darwinist eugenic movements of the time. But many facts show strong connection between the two. Firstly, as early as 1971, Herrnstein published an article in a prestigious US magazine, 'Atlantic Monthly', and can be quoted "the tendency to be unemployed may run in the genes of a family about as certainly as bad teeth do now.... As the wealth and complexity of human society grow, there will be precipitated out of the mass of humanity a low-capacity residue that may be unable to master the common occupations..." Secondly, Herrnstein's political stance is very conservative; "It is hard to argue that the "class struggle" can be resolved by a redistribution of wealth and capital, if it should turn out that something more than economics distinguishes the contending classes." Thirdly, quoted from an ABC New Report transcript, "Ever since 1937, the 'Pioneer Fund' has promoted the study of racial purity as a an ideal. Over the past 10 years, according to public documents, the 'Pioneer Fund' contributed $3.5 million to researchers cited in "The Bell Curve."

Finally, Herrnstein is found to be connected with the journal 'Mankind Quarterly', which is owned by Roger Pearson for the last 25 years. Pearson was a leader of the pro-fascist Northern League, which included a number of former Nazi SS officials, and a member of the World Anti-Communist League, described by former member Geoffrey Stewart-Smith as a collection of Nazis, fascists, anti-Semites, and vicious racists. These facts suggest strong ties between the authors and ideas of "The Bell Curve" with Social Darwinism movement of the time. "The Bell Curve" brought the theories of Social Darwinism into the public. It introduced the mass population to the idea IQ, something heritable, being the main determining factor for success in life, and it did it in a "scientific" way which help the idea to be accepted by the public.


4
Socratic Method / Re: Legal Reasoning
« on: February 16, 2012, 04:48:26 PM »

[...]

I hope you have heard of unicorns. One could believe that unicorns are actual biological phenomena -- that unicorns are real in the same way horses are real. Or one could believe that unicorns are creations of the human mind, imaginary creatures whose characteristics are therefore wholly a product of our assumptions about those same characteristics. Now imagine a social practice that requires persons to act as if they sincerely believe there actually are independent facts of the matter regarding unicorns -- facts not dependent on human beliefs -- and indeed routinely requires these people to assert the existence of such facts. Yet suppose this practice also requires that on certain occasions those who engage in the practice claim no such independent facts concerning the status of unicorns exist because, after all, "everyone knows" unicorns are merely products of the human mind. We could anticipate that many of the participants in this practice will develop a sort of double consciousness about unicorns, one in which they will both affirm and deny -- and in which they will in a sense both believe and not believe -- that unicorns are actual or imaginary creatures, depending on the context in which such affirmation or denial, and belief or absence of belief, is deemed appropriate.

[...]

Such is the ordinary mental condition of the modern American lawyer. The modern lawyer, and especially the modern judge and law professor, must continually practice a sort of "as if" jurisprudence, within the context of which the lawyer both knows and doesn't know that most important legal facts are facts only to the extent we believe them to be legal facts. Various strategies are then employed to deal with the intense cognitive dissonance that characterizes this condition. A common one among practicing lawyers is to simply ignore the dissonance -- to treat it as someone else's problem. That someone is, of course, whatever decision maker is precluded from employing the same cognitive strategy by virtue of the decision maker's decisional responsibilites.

[...]


Case to expand a bit further?


Exactly, contain, me too would be delighted to know what exactly all this means, in simple, layman terms ...

Pages: [1]