- Oct 2023
He pointed out that these questions penalize the more imaginative and favor those who are content to collect facts. Therefore, multiple-choice test statistics, in all their uses, are misleading.
He = Banesh Hoffman
This is tangentially similar to Malcolm Gladwell's claim that standardized testing for law school privileges certain types of thinkers over others, something which creates thinkers who are good at quick things with respect to time pressures rather than slower and more deliberate thinkers who are needed at higher level functions like the Supreme Court.
See: The Tortoise and the Hare, S4 E2 of Revisionist History https://www.pushkin.fm/podcasts/revisionist-history/the-tortoise-and-the-hare
testing imagination versus fact memorization/simple recall compared with thinking quickly under pressure or slowly with time and increased ability to reason
das Jurastudium, in dem man eine Reihe von Organisations-Trickslernte und zugleich eine Art Augenmaß,
In this interview, Lumnann indicates that he learned a number of organizational tricks while studying law.
What specifically were these? Relation to his ZK?
Any relation to Bruno First's memory work which grew out of his legal studies in the early 1900s?
- Jul 2023
Robert Maynard Hutchins (January 17, 1899 – May 14, 1977) was an American educational philosopher. He was president (1929–1945) and chancellor (1945–1951) of the University of Chicago, and earlier dean of Yale Law School (1927–1929).
- Apr 2023
Under the "More on Philosophies of Copyright" section, I recommended adding the scholarly article by Chinese scholar Peter K. Yu that explains how Chinese philosophy of Yin-Yang can address the contradictions in effecting or eliminating intellectual property laws. One of the contradictions is in intellectual property laws protecting individual rights while challenging sustainability efforts for future generations (as climate change destroys more natural resources.
Yu, Peter K., Intellectual Property, Asian Philosophy and the Yin-Yang School (November 19, 2015). WIPO Journal, Vol. 7, pp. 1-15, 2015, Texas A&M University School of Law Legal Studies Research Paper No. 16-70, Available at SSRN: https://ssrn.com/abstract=2693420
Below is a short excerpt from the article that details Chinese philosophical thought on IP and sustainability:
"Another area of intellectual property law and policy that has made intergenerational equity questions salient concerns the debates involving intellectual property and sustainable development. Although this mode of development did not garner major international attention until after the 1992 Earth Summit in Rio de Janeiro, the Yin-Yang school of philosophy—which “offers a normative model with balance, harmony, and sustainability as ideals”—provides important insight into sustainable development."
- Sima Qian
- School of Thought
- Intellectual Property
- Climate Change
- Yin and Yang
- Journal Article
- Peter K. Yu
- Aug 2022
Covid: Dutch go into Christmas lockdown over Omicron wave. (2021, December 18). BBC News. https://www.bbc.com/news/world-europe-59713503
- travel restriction
- dominant variant
- Mark Rutte
- Hugo de Jonge
- booster vaccination
- Jun 2022
Das gerichtliche Aktenzeichen dient der Kennzeichnung eines Dokuments und geht auf die Aktenordnung (AktO) vom 28. November 1934 und ihre Vorgänger zurück.
The court file number is used to identify a document and goes back to the file regulations (AktO) of November 28, 1934 and its predecessors.
The German "file number" (aktenzeichen) is a unique identification of a file, commonly used in their court system and predecessors as well as file numbers in public administration since at least 1934.
Niklas Luhmann studied law at the University of Freiburg from 1946 to 1949, when he obtained a law degree, before beginning a career in Lüneburg's public administration where he stayed in civil service until 1962. Given this fact, it's very likely that Luhmann had in-depth experience with these sorts of file numbers as location identifiers for files and documents.
We know these numbering methods in public administration date back to as early as Vienna, Austria in the 1770s.
The missing piece now is who/where did Luhmann learn his note taking and excerpting practice from? Alberto Cevolini argues that Niklas Luhmann was unaware of the prior tradition of excerpting, though note taking on index cards or slips had been commonplace in academic circles for quite some time and would have been reasonably commonplace during his student years.
Are there handbooks, guides, or manuals in the early 1900's that detail these sorts of note taking practices?
Perhaps something along the lines of Antonin Sertillanges’ book The Intellectual Life (1921) or Paul Chavigny's Organisation du travail intellectuel: recettes pratiques à l’usage des étudiants de toutes les facultés et de tous les travailleurs (in French) (Delagrave, 1918)?
Further recall that Bruno Winck has linked some of the note taking using index cards to legal studies to Roland Claude's 1961 text:
I checked Chavigny’s book on the BNF site. He insists on the use of index cards (‘fiches’), how to index them, one idea per card but not how to connect between the cards and allow navigation between them.
Mind that it’s written in 1919, in Strasbourg (my hometown) just one year after it returned to France. So between students who used this book and Luhmann in Freiburg it’s not far away. My mother taught me how to use cards for my studies back in 1977, I still have the book where she learn the method, as Law student in Strasbourg “Comment se documenter”, by Roland Claude, 1961. Page 25 describes a way to build secondary index to receive all cards relatives to a topic by their number. Still Luhmann system seems easier to maintain but very near.
<small><cite class='h-cite via'>ᔥ <span class='p-author h-card'> Scott P. Scheper </span> in Scott P. Scheper on Twitter: "The origins of the Zettelkasten's numeric-alpha card addresses seem to derive from Niklas Luhmann's early work as a legal clerk. The filing scheme used is called "Aktenzeichen" - See https://t.co/4mQklgSG5u. cc @ChrisAldrich" / Twitter (<time class='dt-published'>06/28/2022 11:29:18</time>)</cite></small>
- Niklas Luhmann
- law school
- conscription numbers
- Roland Claude
- public administration
- note taking
- Antonin Sertillanges
- Niklas Luhmann's zettelkasten
- numbering systems
- house numbers
- Paul Chavigny
- Aug 2021
The Attack on "Critical Race Theory": What's Going on?
Lately, a lot of people have been very upset about “critical race theory.” Back in September 2020, the former president directed federal agencies to cut funding for training programs that refer to “white privilege” or “critical race theory, declaring such programs “un-American propaganda” and “a sickness that cannot be allowed to continue.” In the last few months, at least eight states have passed legislation banning the teaching of CRT in schools and some 20 more have similar bills in the pipeline or plans to introduce them. What’s going on?
Join us for a conversation that situates the current battle about “critical race theory” in the context of a much longer war over the relationship between our racial present and racial past, and the role of culture, institutions, laws, policies and “systems” in shaping both. As members of families and communities, as adults in the lives of the children who will have to live with the consequences of these struggles, how do we understand what's at stake and how we can usefully weigh in?
Hosts: Melissa Giraud & Andrew Grant-Thomas
Guests: Shee Covarrubias, Kerry-Ann Escayg,
Some core ideas of critical race theory:
- racial realism
- racism is normal
- interest convergence
- racial equity only occurs when white self interest is being considered (Brown v. Board of Education as an example to portray US in a better light with respect to the Cold War)
- Whiteness as property
- Cheryl Harris' work
- White people have privilege in the law
- myth of meritocracy
People would rather be spoon fed rather than do the work themselves. Sadly this is being encouraged in the media.
Short summary of CRT: How laws have been written to institutionalize racism.
Culturally Responsive Teaching (also has the initials CRT).
KAE tries to use an anti-racist critical pedagogy in her teaching.
SC: Story about a book Something Happened in Our Town (book).
- Law enforcement got upset and the school district
- Response video of threat, intimidation, emotional blackmail by local sheriff's department.
- Intent versus impact - the superintendent may not have had a bad intent when providing an apology, but the impact was painful
It's not really a battle about or against CRT, it's an attempt to further whitewash American history. (synopsis of SC)
What are you afraid of?
- racial realism
- Sep 2020
McArdle, Elaine, September 1, and 2020. ‘Making Lemonade from Lemons’. Harvard Law Today. Accessed 7 September 2020. https://today.law.harvard.edu/making-lemonade-from-lemons/.
McArdle, Elaine, August 26, and 2020. ‘COVID Adaptation’. Harvard Law Today. Accessed 7 September 2020. https://today.law.harvard.edu/covid-adaptation/.