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Old 12-27-2006, 08:40 PM   #41
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This is a good question and actually fits well in the postmodern paradigm, as most lawyers know, if not philosophically then at least experientially.

On the most superficial level, lawyers aren't interested in "facts", but in "themes" that interpret the facts and impart meanings the attorneys want to foster. But on a deeper level, court cases are explicit procedings under specific authority (i.e., power) which explicitly defines facts and truth according to certain explicitly prescribed forms of discourse (what we call the rules of evidence, such as hearsay and expert opinion). It has nothing to do with the "facts" as you and I know them in everyday life, which is why there is such a rift between legal decisions and popular cultural views of cases.
There is only one "theme" that lawyers are allowed to use in court as far as I know; Cause = Effect. They are required to show that the defendent either could not have been responsible or must have been responsible and show why it is impossible or extreamly unlikly that the situation is otherwise.
Lawyers will sometimes argue about whether or not a piece of evidence is fair to use or how much it actually proves but I have never heard of a court proceeding talk about "themes of evidence". Judges are certified by the state to know exactly what the requirments of a peice of evidence entail. Judges do not allow lawyers to question whether or not facts or evidence should be considered relevent or let them argue that a particular outcome should be endorsed because it is more emotionaly satisfying.

This as it happens is actually quite like how the vast majority of humanity views "facts". People on the street may be less knowledgable of a subject than an expert testamony and that can lead to a disagreement, but I don't know anyone who disagrees with court cases because the think that facts that can show that it's astronomically likely or unlikely that something is true are irrelevent. Eveyone I know believes that if an demonstratably true fact supports somethng then it supports it.

The rift you speak of either comes from a lack understanding from the public or because a jury made a dumb decision.

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Thus, everybody "knows" OJ killed his wife and Goldman, but under the particular proceeding he was "innoncent" and a different counterintuitive "truth" was affirmed.
No. The "truth" that OJ was inoccent was not affirmed, it was fabricated. The general population did not believe he was innocent because they did not believe that there was evidence that the police were involved in a massive anti African American conspiricy. They are correct, the evidence does not support such an allegation. The jury however was made out of a portion of our population that used bad reasoning to conclude that such a thing exists, and because of that they factored in a piece of evidence that should not have been there. They did not come to a different conclusion because they had some metaphysical disagreement with the rest of the population. They believed that the evidence supported their verdict. Their truth was not counterinntuitive in any way to them.

This does not show that in some metaphysical way OJs innocence was proven. It mearly shows it was a kangaroo court.

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The McDonald's "hot coffe case" also comes to mind -- makes perfect sense from a legal doctrine view, but it is at odds with popular cultural views of coffee and restaurants.
No. The legal case for suing McDonalds because you spilt hot coffee on yourself does not make sense. Period. Our laws do not cover being hurt by products that people should have enough common sense to treat with care. If some idiot acidently mistook a bottle of acid I gave them for hand soap despite my products lable and warnings then they are responsible, not me.

All this proves is that the jury made an illogical decision.

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What happens explicitly in court cases happens implicitly in all historiography, where the author always has an agenda, usually political in nature, and usually under the auspices of some authority. Poor Josephus comes to mind.
But much of the historical circumstances that the Bible is not impliced. The Bible Explicidly said that Egypt was destroyed and was so thourougly devistated that no man or animal could walk upon its land for fourty years. That is an easly testable assertion. We can look at what the acheology of the ragion reveils about a recent disaster in the region and we find an impossible record of regular activity that does not indicate anything strange happening to the region. We can alos easily check surrounding nations and check if anything like trade with them was disrupted and again we find nothing.

Most of the claims in the Bible are about as explicid as it gets.

Also, whether or not the writter has a bias or agenda is irrelivant if the facts support what they say.
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Old 12-27-2006, 09:11 PM   #42
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Militant agnostic: do you have a law degree or practice law? I believe Gamera does.

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Old 12-27-2006, 09:16 PM   #43
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This is a good question and actually fits well in the postmodern paradigm, as most lawyers know, if not philosophically then at least experientially.
Though I wouldn't go so far to agree that (at least among the attorneys I know) that they are philosophically postmodernist, I can sort of see your point about being experientially so. One of the themes that postmodernism focuses on is that reality is more socially constructed than we (or modernists) assume. But what can be more socially constructed than law? Lawyers are used to dealing with socially constructed truths all the time.

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Old 12-27-2006, 10:49 PM   #44
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Have you ever considered the fact that it would be rather unlikely for the apostles to have fabricate the gospels.
Have you considered the fact that the apostles were illiterate and couldn't write?
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Old 12-28-2006, 03:04 AM   #45
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Militant agnostic: do you have a law degree or practice law? I believe Gamera does.
Law degrees come in corn flakes packets these days. I bet even you've got one.


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Old 12-28-2006, 10:57 AM   #46
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Law degrees come in corn flakes packets these days. I bet even you've got one.
Yeah, but I didn't know about the corn flake deal.

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Old 12-28-2006, 12:34 PM   #47
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You'll learn a great deal about palaeography here, as it relates to the mss that make up the Christian canon. Most of the posters here come from the standard philological tradition, and know little about postmodernism, so their approach to historiography is somewhat naive and behind the times. Most modern historians (or at least the interesting ones) have embraced postmodernism, which is actually quite helpful to Christianity, though few American Christians realize it.
(sch-wooosh!) This one went right over my head. I might be insulted by this if I actually understood what you were trying to say. Can you explain what you mean by "standard philological tradition" vs. "Postmodernism?"

Are you saying that most posters here are only interested in the translation of words and the meaning behind the words? How is postmodernism "helpful" to chrisitianity?
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Old 12-28-2006, 01:06 PM   #48
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(sch-wooosh!) This one went right over my head. I might be insulted by this if I actually understood what you were trying to say. Can you explain what you mean by "standard philological tradition" vs. "Postmodernism?"

Are you saying that most posters here are only interested in the translation of words and the meaning behind the words? How is postmodernism "helpful" to chrisitianity?
Here. This'll explain it better:

http://www.simonyi.ox.ac.uk/dawkins/...disrobed.shtml
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Old 12-28-2006, 03:14 PM   #49
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How does a lawyer embrace postmodernism when attempting to delineate or uncover the facts of a case in court?


spin
Trial by media?

"If the glove doesn't fit, you must aquit.."

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Old 12-28-2006, 03:16 PM   #50
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No. The legal case for suing McDonalds because you spilt hot coffee on yourself does not make sense. Period.
In other words, you have no real knowledge of that case and are guilty yourself of the postmodernist "trial by media".
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