Quote from: ociciornie on December 26, 2005, 09:07:39 AMI can understand the "need" for grading on a curve on the part of law schools ... I mean, it makes sense for the law school as a financial institution. Not to mention that law schools are expected by employers to rate the meat and impose a kind of slightly paranoid mindset that is very receptive to structural authority/hierarchy. But even the law schools themselves can not pretend the current system of grading represent a "fair" way of measuring the student's knowledge of their courses' content against a neutral baseline. And I'm not particularly interested in offering arguments to justify this or in helping the law schools make more money The curve encourages laziness in both professors and students. I hope that our professors, if faced with a brilliant class that "got" more of the material relative to other years or relative to an absolute scale would feel a deep and abiding sense of shame at handing out the exact same percentage of grades year after year. Unfortunately, I think none of them, even the self-styled radicals, will do anything about it. Being smart and successful in law is possible only for those armed with the "kill or be killed" mentality. Competition is inevitable, but in a cutthroat world that rewards street smarts and cunning — along with good connections and unlimited funds — conquering enemies is the necessary ingredient for true success. You want to know "everything-you-wanted-to-learn-in-law-school-but-didn't"? If you want to be a rule maker, then you must know the rules, which include be bold, don't sleep and be prepared to settle. It's not always pretty and it's certainly never fair, but the sooner one accepts the reality of this cold, hard business world, the sooner the competition will seem less threatening if not entirely inconsequential. Nice guys rarely finish first. Men and women who go to law school to learn how the system works so they can make the world a better place are fooling themselves and are likely not headed for super-success. Understanding how people, companies and laws really work — the "sophistication in litigation" — is what separates the winners from the losers.
I can understand the "need" for grading on a curve on the part of law schools ... I mean, it makes sense for the law school as a financial institution. Not to mention that law schools are expected by employers to rate the meat and impose a kind of slightly paranoid mindset that is very receptive to structural authority/hierarchy. But even the law schools themselves can not pretend the current system of grading represent a "fair" way of measuring the student's knowledge of their courses' content against a neutral baseline. And I'm not particularly interested in offering arguments to justify this or in helping the law schools make more money The curve encourages laziness in both professors and students. I hope that our professors, if faced with a brilliant class that "got" more of the material relative to other years or relative to an absolute scale would feel a deep and abiding sense of shame at handing out the exact same percentage of grades year after year. Unfortunately, I think none of them, even the self-styled radicals, will do anything about it.
Well, I read this thread very attentively and I just don't get why all the "surprise" by the whole law school experience ... I mean, law school is not a mere continuation of one's undergraduate (or even graduate) studies -- I think it more akin to "boot camp" where, in addition to certain substantive subjects and professional skills, one becomes "re-socialized," learns to "think like a lawyer," learns to cope with stress and many other things collateral to learning law, but not collateral to "lawyering." Like boot camp (or virginity's loss!), when you enter law school, your life turns a corner past which it can never again pass. Don't get me wrong, I do not regret the trip ... but it brings a permanent change. So, those of you who still have the chance, enjoy the virginity -- law school will bring a permanent change!
Perhaps the proper function of a legal education is to produce persons who "think like lawyers": individuals, that is, who are trained to hold various unambivalent yet rationally unjustified beliefs, necessary for the vigorous deployment of social power, that nevertheless remain highly role specific, and are therefore subject to change at a moment's -- or a client's -- notice. Such beliefs help mold otherwise ordinary people into the sorts of state actors who will not hesitate to kill, cage, and impoverish their fellow citizens on what are deemed institutionally appropriate occasions, in much the same way that successful military training renders otherwise pacific young men capable of committing acts of politically sanctioned homicide.
Quote from: mh on December 23, 2005, 04:29:15 AMWell, I read this thread very attentively and I just don't get why all the "surprise" by the whole law school experience ... I mean, law school is not a mere continuation of one's undergraduate (or even graduate) studies -- I think it more akin to "boot camp" where, in addition to certain substantive subjects and professional skills, one becomes "re-socialized," learns to "think like a lawyer," learns to cope with stress and many other things collateral to learning law, but not collateral to "lawyering." Like boot camp (or virginity's loss!), when you enter law school, your life turns a corner past which it can never again pass. Don't get me wrong, I do not regret the trip ... but it brings a permanent change. So, those of you who still have the chance, enjoy the virginity -- law school will bring a permanent change!It is always fascinating for the outsider to read of the preparation of innocent young men and women to participate in routinized institutionalized violence, which is -- after all -- the essence of law school training. The system requires, first, the dehumanization of the self; then, by natural extension, the dehumanization of everyone else. This is the key to survival in a world where lives must be disposed of as cheaply and quickly as possible. Quote from: THE HOSTESS on July 27, 2005, 04:20:40 AMPerhaps the proper function of a legal education is to produce persons who "think like lawyers": individuals, that is, who are trained to hold various unambivalent yet rationally unjustified beliefs, necessary for the vigorous deployment of social power, that nevertheless remain highly role specific, and are therefore subject to change at a moment's -- or a client's -- notice. Such beliefs help mold otherwise ordinary people into the sorts of state actors who will not hesitate to kill, cage, and impoverish their fellow citizens on what are deemed institutionally appropriate occasions, in much the same way that successful military training renders otherwise pacific young men capable of committing acts of politically sanctioned homicide. It was Freud who first described the marriage between sensuality and organized violence -- e.g., the law school thinking way. "Libido" refers not only to the sexual drive, but to all aggressive acts. In his dual instinct theory, Freud stated that libido and aggression come under broader biological principles Eros (love) and Thanatos (death and self-destruction). More recent psychological theorists suggest that war -- including a nation's insatiable hunger for military power and the passion for armaments -- arises from a deep-seated fear of death, a fear that is, naturally, basic to the human condition. This death fear creates the paradoxical situation where institutionalized murder (war, capital punishment, "right to bear arms," mob violence, legitimized military statism) grows out of something known as "radical pain."According to this theory, there are three types of pain:- Physical pain (old age, sickness, and dying);- Emotional pain (being away from a loved one, being forced to be with people one hates); and - Radical pain (knowledge -- or fear of knowledge -- of the intransigence of life, and one's own inevitable move towards chaos and entropy).In other words, the lunacy of a Hitler or a Pol Pot (or even America's own militarists) grows out of an unacknowledged and unrecognized terror of the inevitable, the most inevitable fact of life. Namely, death.
An almost fashionable fascism arises wherever religion or society repress the mother principle in the name of patriarchy. Power struggles, not mutual love, support and solidarity, characterize such systems. This same kind of competition can be observed in fundamentalist church structures. The authoritarian character who thrives in such a system "is essentially sado-masochistic," according to psychiatrist Anthony Stevens, and is compelled to categorize others as either strong or weak. He worships the former and has contempt for the latter. ... Every sadist has a masochistic side: the bullying adult is trying to free himself from having been bullied as a child. Such a peson deeply enjoys submission to a leader, God, or fate.
In a fascist society or religions two areas of the self are aborted or forbidden to develop naturally: sexuality and aggression. Persons are not educated to be true selves but to wear false personas modeled (on the demands of the parents.) ... The child thus instructed often channels these powers of sexuality and aggression into self-loathing and self-contempt. I call this the original sin mentality -- the notion that I came into the world despised, unwanted, ugly and powerless. It may be idsplaced onto a scapegoat, for example, racial minorities, women or homosexuals. It can be transformed into worship of the oppressor who is "always right." Finally, it can be eroticized in sado-masochistic fantasies and practices. This kind of energy pervades patriarchal institutions including the church.
So where are you guys copying all of this bull from anyway? Because you're not actually typing it yourself.
Fox helps us understand more clearly the links among different aspects of evil which continually confuse us. It shows us how self-hate becomes hatred of others and persecution of them. It shows why the macho man, who denies motherly compassion within, comes to divide the world into two categories: my kind and the kind it's OK to kill. It indicates how sexuality becomes linked with rage in the form of sado-masochism. And it shows how this all arises from the seeking of power of being by avenues other than compassionate agape. Those who hurt and kill are most often people who were abused and neglected as children. This abuse results in feelings of worthlessness and powerlessness and extreme rage over past mistreatment. They live within the narrow boundaries of the self-systems which are still battling or cringing before abusive parents. These may be as narrow as stage 1 and 2, where there is only "me and my suffering and rage" rebounding back and forth off the walls. These narrow boundaries are threatened over and over every day by exposure to people who live by more out-going values. To defend those walls requires lashing out again and again against others in rituals of demonic sacrifice which assure the abuser that his walls still hold against the invasion of a compassion which would demand giving up rage and revenge for forgiveness.
Fox helps us understand more clearly the links among different aspects of evil which continually confuse us. It shows us how self-hate becomes hatred of others and persecution of them. It shows why the macho man, who denies motherly compassion within, comes to divide the world into two categories: my kind and the kind it's OK to kill. It indicates how sexuality becomes linked with rage in the form of sado-masochism. And it shows how this all arises from the seeking of power of being by avenues other than compassionate agape.
If the economic, social, and political conditions on which the whole process of human individuation depends, do not offer a basis for the realization of individuality ... [and] people have lost those ties which gave them security, this lag makes freedom an unbearable burden. It then becomes identical with doubt, with a kind of life that lacks meaning and direction. Powerful tendencies arise to escape from this kind of freedom into submission or some kind of relationship to man and the world which promises relief from uncertainty, even if it deprives the individual of his freedom.
In any society the spirit of the whole culture is determined by the spirit of those groups that are most powerful in that society . . . partly because these groups have the power to control the educational system, schools, church, press, theater, and thereby to imbue the whole population with their own ideas; furthermore, these powerful groups carry so much prestige that the lower classes are more than ready to accept and imitate their values and to identify themselves psychologically.