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- 2011-11-15
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速度: 1'22'' 1'03'' 1'25'' 1'03'' 1'11''
越障: 22'32''
1. Motivated reasoning - meaning: First, you believe it. Then, you see it. This is a philosophical theory that explains human cognition and conception. We have to understand it, then we are able to discover it with our eyes. The idea of motivated reasoning makes sense in natural science.
2. Kaham somehow bring this idea of motivated reasoning to the legal system. His theory is called "Foreword" (?), and it is based on natural science.
3. The author's point: Kaham's theory has an inherent disconnection between form and substance FORM: detached observer SUBSTANCE: Motivated reasoning is universal
(meaning: If Kaham's view is objective, he must be a detached observer, i.e. aloof, not involved; however, what he observed is influenced by his own position/belief - this is the idea of "believe it, then see it") The form as a "detached observer" is well-explained in the case of US legal scholarship.... Progressive (这里不懂,这个术语到最后突然又出现了)
The author thinks "detached observer" as partisan ... (inherently biased?)
Then, the passage discussed how Kaham's theory could shape the US legal system in II and III.
II. Change the court style. e.g. a case: a person, DC, gun....? There are two justices described. They each did a bunch of study, got a bunch of evidence, and wrote a report. They arrived at opposite conclusions. The serious problem was that: even if one is 55% self-evident, he/she has to vote with an absolute (100%) stance. The author thinks that this is unfair, and that Kaham's theory of motivated reasoning should jump in and change the way in which the US court works.
III. Change the justice Kaham's theory calls for a change in the US legal system. However, the big issue is, according to the author, how can that kind of change realize? That is to change the legal culture, instilling in an awareness/appreciation of possibility. According to the author, it's not to change the mind of the incumbent justices, but to choose the people with that mindset as potential justices. In other words, to work on the future.
IV. Conclusion Progressive had been once successful (because ....), but later (in around 1950) it tumbled. The reason for the failure is a)political reason b) (in the scope of law) intellectual reason 这里我不太懂,感觉Progressive似乎是在讲US legal scholarship的时候出现的,不像是一个贯穿全文的主线啊.感觉贯穿全文的主线是motivated reasoning. 不过我没读懂progressive这个概念,也不明白这两者的关系。 Will Kaham's theory has the same fate as Progressive (fail in the future)? Maybe, the author thinks.
Shelvey辛苦啦,今天的越障我很喜欢啊,很有学术味,尽管我好多地方不怎么懂,呼唤点拨。 |
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