Re: taboos

From: Douglas Brooker (dbrooker@clara.co.uk)
Date: Wed Apr 04 2001 - 20:48:37 BST

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    Date: Wed, 04 Apr 2001 20:48:37 +0100
    From: Douglas Brooker <dbrooker@clara.co.uk>
    Organization: University of London
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    Subject: Re: taboos
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    Hi Vincent,

    Thanks for this reference. it will be interesting to read how he/she applies a
    legal mind to the theoretical issues discussed here.

    Douglas

    Vincent Campbell wrote:

    > Hi Douglas,
    >
    > As aside this, but, have you seen JM Balkin's 'Cultural Software'? He's a
    > professor of constitutional law, and the book's about memes and ideology. I
    > thought it might appeal to someone of your field. (I haven't read it all
    > yet, but it looks quite interesting).
    >
    > Vincent
    >
    > > ----------
    > > From: Douglas Brooker
    > > Reply To: memetics@mmu.ac.uk
    > > Sent: Tuesday, April 3, 2001 10:06 pm
    > > To: memetics@mmu.ac.uk
    > > Subject: Re: taboos
    > >
    > >
    > > Hi Kenneth, thanks for these comments
    > >
    > > Kenneth Van Oost wrote:
    > >
    > > > << Yes, of course, but how in a subliminal way would we know if we
    > > > were to make do something we normally do not !?
    > > > We have to be open minded for the ad, no !?
    > > > So, if it was subliminal how would/ could it work !?
    > > > What would be the result and on the other hand IMo still, the free will
    > > is
    > > > excluded in such attempts_ your free will is indeed subverted, but you
    > > > don 't know do you !?
    > > > So, in other words, how would you know if your free will gets subverted
    > > > by some ads if those ads were presented to you in a subliminal way !?
    > > > There is a twist and turn here....!!
    > >
    > > The individual can't know that it is happening. That's where the power of
    > > the
    > > myth takes hold. It's the fear of losing control. Did you ever see the
    > > film
    > > Invasion of the Body Snatchers? The interesting part of subliminal
    > > advertising
    > > is the anxiety is evokes in people, rather than whether it works or not.
    > >
    > > > > One difference concerns a view of the state as protector that
    > > > > is a natural and spontaneous view for Europeans, but this view of the
    > > > state's
    > > > > role is controversial in common law systems.
    > > >
    > > > << That is maybe an argument that goes in a general way, but if we take
    > > > the Belgium situation in more detail, I think you have to reconsider
    > > your
    > > > ideas.
    > >
    > > I'm just at the stage in my reading where the differences are starting to
    > > become
    > > apparent. A problem will be how much of the detail to work in. One of
    > > the
    > > dichotomies in legal theory is between theory's view of real life and real
    > > 'real
    > > life'. Even between legal theory and 'real laws' this is a problem. In
    > > legal
    > > theory there are many basic propositions about reality that are widely
    > > accepted
    > > amongst theorists but which are contradicted in reality. These have to be
    > > the
    > > starting point as a comparativist because that is the academic community I
    > > am
    > > in, but also because they are the public myths each system has about
    > > themselves. I'm interested in how public myths survive in societies even
    > > when
    > > they are contradicted by empirical evidence. An example - the American
    > > self-myth about themselves as the most democratic nation in the world -
    > > but
    > > there is evidence to suggest they aren't a democracy at all, at least in
    > > the way
    > > they see themselves. Outsiders can see a society's contradictions, which
    > > those
    > > within a society cannot.
    > >
    > > But stark theoretical oppositions are just theoretical, reality will
    > > always
    > > throw up contradictions. The challenge is to show the common law elements
    > > of
    > > civil law and the civil law elements of common law. Precedents are said
    > > to be
    > > important to common law but not so much to civil law, but it seems in
    > > reality
    > > the opposition is not so stark, precedents are important, for example in
    > > France,
    > > but they are treated in a different, less open way. Everyone knows its
    > > the
    > > reality, but its not talked about so much, its not a part of their
    > > self-myth.
    > > And there are differences in this regard amongst different European
    > > countries.
    > > When you compare the two systems then, in a global way and find
    > > similarities,
    > > you have to ask, 'what then does it mean to be a common law, or civil law
    > > system, if distinctions between them are blurred? Are the terms
    > > meaningful?
    > >
    > > Another important concept is the distinction between public discourse in
    > > the
    > > legal profession and private reality, national myths, as it were,
    > > contrasted
    > > with the beliefs of real citizens. Canada prides itself on being a
    > > thoroughly
    > > democratic country, but there are very strong indications that it's legal
    > > system
    > > reflects a strong authoritarian trait, that might be necessary to revert
    > > to
    > > should there be a separation crisis. Legally, its democracy is a bit of
    > > chimera. But this authoritarian trait is not discussed, because it's not
    > > a part
    > > of the national myth.
    > >
    > >
    > > > Of course, this is a personal view but IMO a common one in Belgium.
    > > > The general view is that the state is not our protector, it tries to be,
    > > but
    > > > on
    > > > the contrary, the state works against us. All of the scandals, murders
    > > etc
    > > > did and does undermind the states power. That is why, IMO we the Belgium
    > > > people are all hyper- individualists in a certain way and on the other
    > > hand
    > > > very
    > > > modest, conservative, afraid, suspicious and underhanded. Of course,
    > > there
    > > > is a difference between the Flemish side and the French speaking half of
    > > > the country... and that can answer your second part concerning the
    > > cultural
    > > > attitude towards the nature of truth.( See below)
    > > >
    > >
    > > I'll save this for future reference, its a good summary against which to
    > > weigh
    > > some of the more general statements that are made about Civilian values.
    > >
    > > Usually, characteristics like "afraid, suspicious, underhanded" don't form
    > > a
    > > part of a national self-myth. A joke Canadians sometimes make is that we
    > > have
    > > no national identity...nervous laughter usually follows.
    > >
    > > Even though, you describe yourselves as hyper-individualists, are you so
    > > when
    > > compared to North Americans, or would you just like to think you are?
    > > Belgium's part of the European social market, and the role envisaged for
    > > the
    > > state in health care, education , minimum wage, unemployment benefits etc
    > > is
    > > very collectivist, when compared to the US.
    > >
    > > > The Flemish side is catholic, conservative and right winged, the French
    > > > speaking half is social in nature and therefor more left winged, more
    > > open
    > > > but also more unquiet, more mischief makers,...at least the politicians.
    > > > And, IMO those two opposite belief systems play like you said a
    > > different
    > > > role towards truth and therefor the state 's truth.
    > > > And....not for nothing are " les compromis Belges " famous throughout
    > > the
    > > > world....even Canada have learned from us....Quebec, you know...
    > > >
    > >
    > > I'd like to read a good Belgian political history from about 1800 on. The
    > > very
    > > little I know strikes a strong chord with Canadian reality. Two
    > > languages, two
    > > nations, differing values, constitutional monarchy...bilingual
    > > legislation.
    > > Could you recommend one? I could read one in French, but would all French
    > > language histories of Belgium be one-sided?
    > >
    > > > In addition, Vincent and I did have also a discussion about American
    > > > Nationalism, maybe you can have a peek there....
    > > > The second area concerns cultural attitudes towards the nature of truth
    > > as
    > > > manifested in the each legal system.
    > >
    > > I'll look for this, thanks
    > >
    > > Best wishes,
    > >
    > > Douglas
    > >
    > >
    > >
    > > ===============================================================
    > > This was distributed via the memetics list associated with the
    > > Journal of Memetics - Evolutionary Models of Information Transmission
    > > For information about the journal and the list (e.g. unsubscribing)
    > > see: http://www.cpm.mmu.ac.uk/jom-emit
    > >
    >
    > ===============================================================
    > This was distributed via the memetics list associated with the
    > Journal of Memetics - Evolutionary Models of Information Transmission
    > For information about the journal and the list (e.g. unsubscribing)
    > see: http://www.cpm.mmu.ac.uk/jom-emit

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    This was distributed via the memetics list associated with the
    Journal of Memetics - Evolutionary Models of Information Transmission
    For information about the journal and the list (e.g. unsubscribing)
    see: http://www.cpm.mmu.ac.uk/jom-emit



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