In a message dated 5/17/2007 7:10:24 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes:
I think Eugene and others are right that evaluations of conduct as sinful and sad don’t contribute anything useful to list discussions. Many members of this list approach even doctrinal issues from such extraordinarily different world views that it is sometimes difficult to engage in meaningful dialogue about the case law. On issues of sin and sadness, I think the gulf leads quickly to a deteriorated discourse – cheerleading for us and expressions of contempt for them – from both sides. If Alan is right about "deteriorated discourse" and "cheerleading," then I suggest we're not trying hard enough to engage in meaningful dialogue about sin and I am confident that we can do a better job. After all, the issue of sin defines, in part, western civilization. It cannot be that "cheerleading for us and expressions of contempt for them" is inherent to discussions of "sin" and not other critically important cultural norms. Right? More importantly, it is just when we begin from such "extraordinary different world views" that we should put our intellectual imaginations into over-drive and try to replace "cheerleading" with comprehensive reflective arguments even if in the end we fail to persuade our conversational partners to renounce their "extraordinary different world view" and to adopt ours. Even when we expect not to be able to provide knockdown arguments in support of our system of beliefs and values, we can with some luck continue to reform and refine our arguments in such a manner that precludes labeling our claims as "cheerleading." In short, there's the Scylla of rationalist or objectivist belief in the finality, at least in principle, of argument and the Charbydis of cheerleading. But we can avoid both if we recognize the possibility of refined arguments that better express our perspective just as our conversational partner better expresses hers. It takes intellectual commitment and a penchant for self-consciously trying to expand our moral imagination and conceptual scheme, and so it might not be everyone's cup of tea. But it is in just such cases as discussing the life of someone like Jerry Falwell that this middle course pays off but only when we recognize the danger of imposing controversial restrictions on the scope of the examination. Bobby Robert Justin Lipkin Professor of Law Widener University School of Law Delaware Ratio Juris , Contributor: _ http://ratiojuris.blogspot.com/_ (http://ratiojuris.blogspot.com/) Essentially Contested America, Editor: _http://www.essentiallycontestedamerica.org/_ (http://www.essentiallycontestedamerica.org/) ************************************** See what's free at http://www.aol.com.
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