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Date: 2015-12-04 06:01 pm (UTC)
From: [identity profile] donkeyjon.livejournal.com
As someone who has tried this experiment, I recommend it to you:

At some point when you are hanging out with a bunch of liberal friends, propose the idea that everyone on welfare should be required to put in at least 3 days of work per week (either at a job or on a governmental project), or maintain a 3.0 GPA or higher in some certificate- or degree-granting program. The response will not be positive. That's why I consider my ideas to be conservative rather than liberal.

I should state that you are absolutely correct about the source of these problems, but I would guess that liberals are less likely to support the sort of program I would propose than you might think. I am, however, considerably torn right now politically, because neither party, Republican or Democrat, represents my beliefs. I can't vote Democrat, as a rule, because I believe their economic policies will make things worse. I can't vote Republican, because the party went batshit nuts.

Date: 2015-12-04 06:33 pm (UTC)
From: [identity profile] oslo.livejournal.com
You can't say "the founding fathers' impact on our systems is overblown" without studying who the founding fathers were and how our narrative about them has differed form the reality of their lives. In essence, you can't even make the argument you are trying to make in any coherent way without studying these things.

I'm not trying to make that argument. My point is that your approach to the question takes a whole lot of things for granted, including how we evaluate political history and how we make sense of that political history to ourselves. Even here you continue to make some fairly traditional assumptions about relevant comparisons and contrasts, choosing to characterize the relevant difference between the American and French Revolutions as being about ideas and political philosophy (which serves how we traditionally understand our history and our "exceptionalism") rather than about the background conditions for those revolutions (colonial America was quite different from pre-revolutionary France).

I am not interested in debating Thomas Jefferson's status within the traditional way of thinking; that's not the point I'm trying to make. What I'm trying to do is to draw your attention to the nature of the rhetoric and argument that you're using - in particular, its highly contingent character. You are speaking, throughout, as an educated American who expects to be understood by other educated Americans who believe the same kinds of things about our country. When I asked you, "Why Thomas Jefferson?" you explained, "Because he's important in our history." When I asked you, "Why does that matter?" you explained, "Because it explains the differences between these two revolutions." Those are persuasive answers for someone who believes, as you do, certain things about the US and the significance of its philosophical roots. But it doesn't explain, to someone outside of that tradition or capable of thinking outside of it, anything. They're just conclusory assertions piled atop one another.

Date: 2015-12-04 06:33 pm (UTC)
From: [identity profile] oslo.livejournal.com
You are a lawyer. How many first-year law students have any idea what they should be learning in, say, a class on contract law?

This is perhaps not a fair example, because I can already say that many 1Ls can and will have a good idea of what they should be learning in contract law. They will, at the same time, be in a position where they can meaningfully engage the professor on the curriculum.

First, most of them will understand that they need to understand contract law for their respective bar exams, so many of them will want and expect to be taught accordingly.

Second, law students have access to a wide array of study materials that they routinely use to supplement their class assignments. These materials will lead them to expect certain subjects to be touched on and may raise issues for them that they'll want to address in class.

Third, law students (in the US) are all college graduates, and so will generally be more mature students with developed expectations on what their classroom experiences should be like.

More specifically, a law student entering a contract class may have a background in economics that will equip them to evaluate contract law from an economic perspective; a law student with a background in gender or race theory might be interested in understanding contract law from a critical theoretical perspective; a law student who has worked between undergrad and law school might have their own practical experiences they would like to understand better through the lens of abstract legal study. And so on.

Fourth, core classes like contract law tend, as a matter of tradition, to have a lot of unnecessary precedents on the curriculum. Professors tend to require students to read old, canonical works that have little relevance to modern law or practice, just because that's what they were taught. This both helps to illustrate the highly contingent nature of curricula as well as where even novice law students might have a legitimate basis for challenging what they're taught. Walking in on day one, a 1L might not be able to say, "Well, I know that I don't need to know this stupid ancient case." But they absolutely can say, "I don't understand why we're reading this case; how is it relevant?" And the professor needs to be able to respond.

So, to sum up, I feel like I can say quite confidently that 1Ls in contract law will have a very good sense of what they should be learning there, and I would extrapolate from their case to a lot of the kinds of classes students are likely to take while at university.

Date: 2015-12-04 06:44 pm (UTC)
From: [identity profile] oslo.livejournal.com
At some point when you are hanging out with a bunch of liberal friends, propose the idea that everyone on welfare should be required to put in at least 3 days of work per week (either at a job or on a governmental project), or maintain a 3.0 GPA or higher in some certificate- or degree-granting program.

Well, that wasn't what you'd described previously. Providing an unemployed person with a stipend and access to a vocational school, with the stipend and access stipulated on actually going and trying, is one thing; requiring them to maintain a B average in some educational program in order to keep their support is another. Providing an unemployed person with a job is one thing; requiring them to get and keep a job in order to keep their support is another.

I also don't see why you think Democratic policies would make things worse. There doesn't seem to be any evidence that this is the case, while there is plenty of evidence that things get worse when Republicans call the economic shots.

Date: 2015-12-04 08:10 pm (UTC)
From: [identity profile] donkeyjon.livejournal.com
And see, in my mind, that sort of a solution is precisely what I described. Without accountability, such a program would be worthless (just like our current welfare system).

I also don't see why you think Democratic policies would make things worse.

Generally, this is because they have no idea how they will pay for the programs they are presenting, or they choose to pay for them by punishing people who are successful. I can respect the position "We need to heavily tax the wealthy in order to provide all of these programs for the poor." But ideologically, I cannot agree with it. Now, one idea I really like is "We will decrease the defense budget and send that money to these programs." That's an idea I can get behind.

Date: 2015-12-04 08:14 pm (UTC)
From: [identity profile] donkeyjon.livejournal.com
At some point, there's no bottom to the mud. You're championing a point of view that is simply impossible, namely providing context about something with no underlying assumptions. It doesn't happen. I'm perfectly comfortable using underlying assumptions that fall back on centuries of historical and political thought and study. I understand that I must be willing to defend those positions (and am perfectly able to do so), but you're presenting an alternative that is "All of this stuff is wrong" that has no basis in actual social science or historical research.

So, my questions for you would be "Why not Thomas Jefferson?" What reasoning can you come up with which would justify not teaching about him in a class on American History?

Date: 2015-12-04 08:18 pm (UTC)
From: [identity profile] donkeyjon.livejournal.com
I would love to see the results of giving the students in a contract law class the task, on day 1, of producing a "reading list" of the significant cases that they should be covering for the semester. In fact, it's an idea I might incorporate into some of my classes. I love the idea of having them come up with information that they need to learn about for the course, then have a discussion on the areas in which their list is lacking and the areas where they covered something I didn't think to add to the syllabus.

Granted, I deal with undergrads, so the lists would not be as complete, but I'd guess that you would find their list to be lacking in many significant areas. I'll have to try something like this in the future.

Date: 2015-12-04 08:35 pm (UTC)
From: [identity profile] oslo.livejournal.com
How about we just look at what actually happens, huh? The economy grows more, and faster, when Republicans aren't in power. Deficits and the national debt increase when Republicans are in power. Let's stop buying their stupid rhetoric and acknowledge reality.

Generally, this is because they have no idea how they will pay for the programs they are presenting,...

Like Republicans have a better sense of how they'll pay for the tax cuts they're always pushing? Or the spending that they, themselves, present, whenever they're in power? The transportation bill that they just passed is "paid for" using a variety of misleading, one-time gimmicks, for instance - all to avoid raising the gas tax. So we get massive spending and poor fiscal management.

...or they choose to pay for them by punishing people who are successful.

Well, you use rhetoric like this, it's hard to take you very seriously. You know as well as I do that "taxes" are not a means of "punishing" people who are successful. They're just taxes. Maybe they're too high, maybe they're not high enough, but they're not penalties imposed upon people for being good at what they do. And if we were to engage in this kind of rhetoric, we would just as easily say that Republicans "punish" the unsuccessful by seeking a more regressive tax structure. Is that somehow more acceptable to you?

Here's a revolutionary idea: the question of who should be taxed and for what should be driven not by what's "fair," or who's getting "punished," but by an evaluation of what services and protections are best provided by government and what taxes are most efficient in funding the government. It might well be the case that a graduated income and payroll tax is not the best way to generate most of the revenue that our government needs to provide that level of services it ought to provide. But whether that's the case is not going to turn in any way upon whether such a tax "punishes" the "successful."

Now, one idea I really like is "We will decrease the defense budget and send that money to these programs." That's an idea I can get behind.

And the Republican version of this is, "We will increase the defense budget by taking money from these other programs, because we don't want to increase taxes." Is that better?

Date: 2015-12-04 09:28 pm (UTC)
From: [identity profile] oslo.livejournal.com
This isn't about Thomas Jefferson. This is about the way that professors and students relate, and the way that the curriculum regulates that relationship.

I suppose the way that I'd respond to your question would be to ask: Well, what's "American History?" Why have a class on American History? What's the point of such a class? Can you put it any way other than, "Well, it's important for Americans to be familiar with their history," which wouldn't be responsive?

I mean, think about everything that's packed into characterizing some body of historical materials and texts as "American History." What are you including and excluding? If you look into that question, surely you'll find plenty of contentious questions : when does it begin? What peoples, political structures, geographical limits are relevant? Even figuring out what events and persons ought to figure in that history is a fraught question. Before long you start to ask a deeper question: Why is this important to us? Why is it important to Americans?

Here's what I wouldn't find controversial: If American History is understood as a forum used to indoctrinate a generation of students on the shared, collective self-flattering mythology in which we, as Americans, are deeply invested, then of course you teach about Thomas Jefferson. You tell the students that he was a flawed man, but that he was a great intellectual, one of the Founding Fathers, blah blah the fucking blah.

Date: 2015-12-04 09:35 pm (UTC)
From: [identity profile] oslo.livejournal.com
I would love to see the results of giving the students in a contract law class the task, on day 1, of producing a "reading list" of the significant cases that they should be covering for the semester.

So framed, I don't think this is a task that would be productive for most 1Ls. They will come to contract law with a set of defined goals and a growing grasp of the substantive law being studied, but they won't know the cases they'll need to study. Indeed, when it comes to an area like contract law, there aren't really such things as "cases they'll need to study"; rather, there will be cases that more or less demonstrate the application of some specific legal principle. Really, the case-based approach to teaching law is just another one of the ways law school is tied to its traditions. Learning the law from reading cases is less about introducing students to a canon of cases than it is about teaching legal reasoning.

Date: 2015-12-04 09:56 pm (UTC)
From: [identity profile] donkeyjon.livejournal.com
Your complaints about Republicans are well-founded, and I agree, which is why I can't vote for them. This election cycle, I'm leaning toward Bernie, despite the fact that his economic policies are pipe dreams, because he's the only candidate in the race with a chance of winning who at least believes the things he's saying. Hillary is simply pandering to the greatest common denominator, and all of the Republicans (with a possible exception of Kasich) are pandering to the crazies.

I would prefer a consumption-based tax, but to do so and not have it wildly regressive would require a lot of work. As a general rule, I prefer taxes which aren't based entirely on the principle that those who make more money are required to pay more.

Date: 2015-12-04 10:05 pm (UTC)
From: [identity profile] donkeyjon.livejournal.com
Can you put it any way other than, "Well, it's important for Americans to be familiar with their history," which wouldn't be responsive?

That is not only responsive, it's a good enough reason on its own. You and I will have to disagree here, because you seem to believe it's ok to throw away essential acts of historical and political thought because you disagree with the people who had a part in bringing them about. That's precisely the sort of "leftwing bullshit" that would need its own tag. :)

I think you're too quick to throw the baby out with the bathwater, here. Jefferson and the other men who drafted the Declaration of Independence and the US Constitution were absolutely brilliant. They accomplished something that was unthinkable at the time, and managed to build a system that was both malleable and difficult to subvert. Examples of other groups who tried to do the same and failed miserably are pretty clear on this.

Now, they were also a group of elitist, slave-owning aristocrats who were guilty of crimes including murder and rape which they were never made responsible for. That, too, is an important lesson that should be taught.

In the end, though, you can't study history or political science without covering them.

Date: 2015-12-04 10:24 pm (UTC)
From: [identity profile] donkeyjon.livejournal.com
Yeah, one of my main complaints about business school is that the schools rely too much on case studies to teach, but don't actually provide an opportunity to think critically and move beyond the rote cases. Case studies are useful, but Harvard and Stanford have gotten everyone believing that making people read one and write a set of recommendations is the same thing as teaching critical thinking.

Date: 2015-12-05 04:42 pm (UTC)

Date: 2015-12-05 04:43 pm (UTC)
From: [identity profile] ponitacupcake.livejournal.com
That's really interesting about how it entered mainstream usage.

Date: 2015-12-05 04:51 pm (UTC)
From: [identity profile] ponitacupcake.livejournal.com
> Um. You missed the point.

Maybe. I am not that clever sometimes. But I am afraid you are talking past me.

> Look.

One of the most patronizing phrases in the English language.

> So, yes. "Trying to be welcoming and inclusive for all people, or at least not offensive to their face" was called "manners" in other times, but today gets called "PC" by people who cry out that things were better in their grandparents time.

Except what was considered " welcoming and inclusive for all people" has changed. There is plenty of non-PC stuff that was considered OK by (white/straight/cis/etcetc) people at the time. I think our standards are higher now. I think we might be in agreement on that?

> Also, a "SJW" is an individual. "PC" is a social construct. You are completely off on that one too.

Nope. The terms are used (and criticized by the "PC/SJW" side) in the exact same way.

IDK, I don't really want to argue. If you are just talking past me (and I you) I don't want to do that either.

Bye.

Date: 2015-12-05 05:00 pm (UTC)
From: [identity profile] yes-justice.livejournal.com
I'm guessing you have never lived on welfare.
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