"The Red Tide Turning?"

jmage at panix.com jmage at panix.com
Thu Nov 11 08:29:21 PST 1999


If George Szamuely needs some legal advice, mine would be to hold the books hostage. Once NYU understands that - if he loses the jury trial - he intends to fight the way the judge instructed on his mens rea defense ("I sincerely intended to return them all tomorrow every day since the first few became overdue") all the way on appeal, and since the evidence must be preserved during the appeal, it would not take any great skill to extend the time before NYU gets its books for many more years. NYU would be wise to withdraw its complaint.

As for the cops and DAs, I would recommend to them now that they have undertaken the "thorough examination" of the Phenomenology the following helpful section that will aid them in preparing for a trial involving both an offense against property and a mens rea defense - from C.Free Concrete Mind AA.Reason V. Certainty and Truth of Reason A.Observation as a function of Reason 3. Observation of nature as an organic whole b. Observation of self-consciousness purely as a self-consciousness, and as standing in relation to external reality [in the classic Baillie translation]:

"Psychology contains the collection of laws in virtue of which the mind takes up different attitudes towards the different forms of its reality given and presented to it in a condition of otherness. The mind adopts these various attitudes partly with a view to receiving these modes of its reality into itself, and conforming to the habits, customs and ways of thinking it thus comes across, as being that wherein mind is reality and as such object to itself; partly with a view to knowing its own spontaneous activity in opposition to them, to follow the bent of its own inclination, and carry off thence what is merely of particular and special moment for itself, and thus make what is objective conform to itself. In the former it behaves negatively towards itself as single and individual mind, in the latter negatively towards itself as the universal being.

In the former aspect independence gives what is met with merely the form of conscious individuality in general, and as regards the content remains within the general reality given; in the second aspect, however, it gives the reality at least a certain special modification, which does not contradict its essential content, or even a modification by which the individual qua particular reality and peculiar content sets itself against the general reality. This opposition becomes a form of wrongdoing when the individual cancels that reality in a merely particular manner, or when it does so in a manner that is general and thus for all, when it puts another world, another right, law, and custom in place of those already there."

sums it up neatly, no? john mage



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