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W.D. James's avatar

I would just like to take a moment to thank everyone who reads and comments here at the Holler.

All three (so far, hopefully others will join in) of the interlocutors in the comment threads of this post provide a delightful experience for me and hopefully for other readers.

I was surprised the other day when a person I follow mentioned how much trolling and combative comments he is getting. From my perspective, he does not really write on what you would usually take to be highly controversial subjects but is more meditative in his writing.

There has been next to none of that here so far (knock on wood).

Here folks seem to be serious. Maybe they comment more along what you might call 'academic' lines or maybe it's more along the lines of people genuinely seeking to live good and wise lives. Maybe it's to agree and add more ideas to the conversation or maybe it's to challenge. But it all seems good, forthright, and authentic to me and I'm thankful.

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Peter d'Errico's avatar

"the boundary protected by ‘rights’ and liberalism is the establishment of neutral procedures to police the boundaries of individual rights."

See my 1975 paper: "Law Is Terror Put Into Words - A Humanist's Analysis of the Increasing Separation Between Concerns of Law and Concerns of Justice" — https://www.academia.edu/316481/Law_Is_Terror_Put_Into_Words_A_Humanists_Analysis_of_the_Increasing_Separation_Between_Concerns_of_Law_and_Concerns_of_Justice

I wrote:

"The concept of a person's "rights," for example, is basic to legalism. It is one of the most powerful formulations in gaining and sustaining popular support for the operation of the legal system.

"The common understanding of this concept is that law takes the side of the people against governmental or other systematic injustice. This uncritical view is elaborated upon in law school and throughout the legal system. Actually, however, once one understands that the central concern of legalism is with the maintenance of its own power system, one sees that the law only appears to take the side of the people. In fact, the real concern of legalism in its recognition of popular claims of right (civil rights, etc.) is to preserve the basicgovernmentalframework in which the claims arise.

"The concept of civil rights has meaning only in the context of an over-arching system of legal power against which the civil rights are supposed to protect. Ending the system of power would also end the need for civil rights. But it is precisely here that one sees the impossibility of ending the oppression by means of civil rights law. In the end, this analysis points to the concept of personal "rights" as being a technique for depersonalizing people. We are taught to respect the rights of others, and in doing so we focus on the abstract bundle of rules and regulations which have been set up by judges and other officials to govern the behavior of people. In this focus, we miss the actual reality of the others as whole, real individuals. We end up, in short, respecting the law rather than people; and this, for legalism, is the essential aim."

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