Law School Discussion

curves? i dont get it.

"Consent" as "Necessity for Authority"
« Reply #110 on: April 01, 2012, 12:44:00 PM »
Quotes from pitchman follow:


Political government and the State were a much later development, growing out of the desire of the stronger to take advantage of the weaker, of the few against the many. The State, ecclesiastical and secular, served to give an appearance of legality and right to the wrong done by the few to the many. That appearance of right was necessary the easier to rule the people, because no government can exist without the consent of the people, consent open, tacit or assumed. Constitutionalism and democracy are the modern forms of that alleged consent; the consent being inoculated and indoctrinated by what is called "education," at home, in the church, and in every other phase of life. That consent is the belief in authority, in the necessity for it. At its base is the doctrine that man is evil, vicious, and too incompetent to know what is good for him. On this all government and oppression is built. God and the State exist and are supported by this dogma. Yet the State is nothing but a name. It is an abstraction. Like other similar conceptions - nation, race, humanity - it has no organic reality. To call the State an organism shows a diseased tendency to make a fetish of words. The State is a term for the legislative and administrative machinery whereby certain business of the people is transacted, and badly so. There is nothing sacred, holy or mysterious about it. The State has no more conscience or moral mission than a commercial company for working a coal mine or running a railroad.

Life begins and ends with man, the individual. Without him there is no race, no humanity, no State. No, not even "society" is possible without man. It is the individual who lives, breathes and suffers. His development, his advance, has been a continuous struggle against the fetishes of his own creation and particularly so against the "State." It has always been the individual, the man of strong mind and will to liberty, who paved the way for every human advance, for every step toward a freer and better world; in science, philosophy and art, as well as in industry, whose genius rose to the heights, conceiving the "impossible," visualizing its realization and imbuing others with his enthusiasm to work and strive for it. Socially speaking, it was always the prophet, the seer, the idealist, who dreamed of a world more to his heart's desire and who served as the beacon light on the road to greater achievement.

Our political and social scheme cannot afford to tolerate the individual and his constant quest for innovation. In "self-defense" the State therefore suppresses, persecutes, punishes and even deprives the individual of life. It is aided in this by every institution that stands for the preservation of the existing order. It resorts to every form of violence and force, and its efforts are supported by the "moral indignation" of the majority against the heretic, the social dissenter and the political rebel - the majority for centuries drilled in State worship, trained in discipline and obedience and subdued by the awe of authority in the home, the school, the church and the press. The strongest bulwark of authority is uniformity; the least divergence from it is the greatest crime. The wholesale mechanization of modern life has increased uniformity a thousandfold. It is everywhere present, in habits, tastes, dress, thoughts and ideas. Its most concentrated dullness is "public opinion." Few have the courage to stand out against it. He who refuses to submit is at once labeled "queer," "different," and decried as a disturbing element in the comfortable stagnancy of modern life. Perhaps even more than constituted authority, it is social uniformity and sameness that harass the individual most. His very "uniqueness," "separateness" and "differentiation" make him an alien, not only in his native place, but even in his own home. Often more so than the foreign born who generally falls in with the established.


[...] For true liberty is not a mere scrap of paper called ''constitution,'' "legal right'' or "law." It is not an abstraction derived from the non-reality known as "the State." It is not the negative thing of being free from something, because with such freedom you may starve to death. Real freedom, true liberty is positive: it is freedom to something; it is the liberty to be, to do; in short, the liberty of actual and active opportunity. That sort of liberty is not a gift: it is the natural right of man, of every human being. It cannot be given: it cannot be conferred by any law or government. The need of it, the longing for it, is inherent in the individual. Disobedience to every form of coercion is the instinctive expression of it. Rebellion and revolution are the more or less conscious attempt to achieve it. Those manifestations, individual and social, are fundamentally expressions of the values of man. That those values may be nurtured, the community must realize that its greatest and most lasting asset is the unit - the individual.

Society exists for man, not man for society. The sole legitimate purpose of society is to serve the needs and advance the aspiration of the individual. Only by doing so can it justify its existence and be an aid to progress and culture. The political parties and men savagely scrambling for power will scorn me you as hopelessly out of tune with our time. Admit the charge. Find comfort in the assurance that their hysteria lacks enduring quality. Their hosanna is but of the hour. Man's yearning for liberation from all authority and power will never be soothed by their cracked song. Man's quest for freedom from every shackle is eternal. It must and will go on.

The ruling classes [oppressors], as Lovdie's post has it, constantly take care that the oppressed remain ignorant of how the whole thing is artificially built, that their ideas and even basic "instincts" are worked upon, such that they won't be able to challenge the tenets upon which the system rests. This is where propaganda sets in. But poster pitchman shows us all too well where real power lies.

Re: curves? i dont get it.
« Reply #111 on: April 01, 2012, 04:40:03 PM »
Great post, copain - I will add a couple of other ones :)


This sounds a lot like Derrida (deconstruction). The face and candle image each are mutually interdependent. Neither can exist without the other. And a Buddhist would say, "Both the faces and the candle are Empty of inherent existence!" Hinduism, also, thousands of years ago proclaimed that "Truth is One - but the sages call it by different names." Thus Hindus tolerate a great variety of forms of worship and ways of attaining enlightenment.

Derrida said, "What I understand under the name deconstruction, there is no end, no beginning, and no after." He also said, "Since it takes the singularity of every context into account, Deconstruction is different from one context to another." Now, if deconstruction is different in different fields, then how is it different in different cultures? If there is neither a beginning nor an end of deconstruction, and if deconstruction is different from one context to the next -- then deconstruction must also have taken place in other cultures -- long before Jacques Derrida was ever born!

To name just three: China, India and Japan. China's great deconstructive mind belonged to an unconventional, anti-traditional Taoist named Chuang Tzu. In a manner similar to that of Jacques Derrida, he played with words, in order to undermine opposites. Both are aware of the problems that language and signification create, and both use a playful, unconventional style of writing to undermine and subvert conventional meanings -- to create works that blur the boundaries between philosophy and literature.


There was a time in Indian history, however, when groups of yogis became skeptical of all this. From among all the phallogocentric seekers of truth and meaning along the great brown river -- the ever-rolling and tranquil Ganges -- from among the waves and waves of turbaned priests and Hari Babas, and Ramjab Babas and Omkara Babas reciting unceasingly the eternal names of God, there emerged sects of naked, long-haired or semi-nude wandering ascetics. And as they walked along the sands of the holy Ganges they carried tridents or spears in their right hands and their limp penises would sway to and fro. They began to question everything Hindu. In fact, sometimes they would eat the flesh of dead men or would meditate atop a corpse. And instead of chanting Om, and instead of seeking for Brahman -- the essence of everything -- they began to question if anything has an essence -- if Brahmin even exists. They questioned everything -- using riddles. And from among this group of skeptics emerged a young prince, Siddartha Gotama, who was to become known as the Buddha. The Hindus had believed that the soul or Atma was identical with Brahman or God, and that is was eternal. But Buddha taught that all things are impermanent and that there is no soul.

The Cup and/or the Faces?

Buddha paved the way for Asia's greatest Indian philosopher, who was to be called "The Second Buddha." His name was Nagarjuna, and many modern scholars have found that his philosophy has much in common with Derrida's "deconstruction." He wrote about Emptiness, saying that anything that is Empty is devoid of self-essence. Or in Sanskrit what is called svabhava. The cup seems to exist all by itself, and not to be dependent on, or related to, anything else. But is this a drawing of a cup or of two faces? Or is it a drawing of both, or of neither? Perhaps it is just a two-dimensional series of lines! The important point is that we cannot see both the cup and faces simultaneously. Each image appears to possess svabhava or self-essence. Each image appears to be a self-sufficient, self-existent, discrete image. But they don't possess self-essence! There is an intimate, subtle relationship between the faces and the cup. One cannot exist without the other. They depend on each other.

I appreciate the contribution made the poster, but now "by train" would really be appreciated if s/he would come back here to tell us what exactly stands this about - because we may speculate a lot of things, but I doubt it we can get to the bottom of this all, without any help... if you know, what I mean :)