[FRIAM] anthropological observations

[uǝlƃ ☣]

On 4/15/20 8:52 AM, Prof David West wrote:
> 1) We do fetishize the law in the sense that if you run the red light and the cop gives you a ticket there is no possible defense - you ARE guilty. In the medical case, if you prescribe off-label and get sued, you will lose. (Unless, of course, the Judge Interprets the law , or the jury Nullifies the law.)

This simply isn't true in *all* cases. I know this from personal experience. And if it's not true in all cases, then the burden is on you to make a *statistical* case. I've gotten out of tickets at the bench. (The best story was with my dad there, I told the judge "I just wanted to see how fast the car would go." My dad literally elbowed me in front of the judge. He dismissed the charge ... in spite of everyone knowing that I was speeding.) There are entire YouTube channels devoted to showing this isn't true. The prevalence of jury trials demonstrate this isn't true. I suppose you could make some idealistic argument that, in principle, anyone who gets a ticket IS guilty, regardless of the judicial outcome or somesuch. But your mental gymnastics will be obvious.

> Using law and traffic signals to advance an argument followed Nick's lead, but the underlying personal opinion might more accurately be stated as: in the US culture, Cecelia Citizen, is infantalized, assumed to be incapable of informed judgement and swaddled in layer upon layer of absolutely stated "law" to which her behavior must conform. This is true even for Penelope Physician.

I'm sorry that's your personal opinion. It's a fallacious over-generalization. But many of mine are too, probably. In any case, I've been treated like an adult by *every* cop and judge I've ever interacted with. If they're infantalizing me, they've hidden it pretty well. Maybe it's true that they treat you like an infant. But it's not true of *everyone*. And, as above, if you want to retain the assertion, the burden lies with you to build a statistical case. What percentage of citizens are infantalized?

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