The next chapter ("The Natural Law--Again, Ever") elaborates Arkes's rationale for objective moral judgment, in which he chiefly relies on Kant's categorical imperative, which, he believes, can resolve the
logomachy of contemporary judicial discourse in favor of natural law.
I thought that one of the most important passages in To Kill the King was where Farmer quotes Kenneth Burke as writing "The [New] Rhetoric must lead us through the Scramble, the Wrangle of the Market Place, the flurries and flare ups of the Human Barnyard, the Give and Take, the wavering line of pressure and counterpressure, the
Logomachy, the onus of ownership, the Wars of Nerves." What I like about these poetic words is how effectively they evoke the buzzing blooming confusion of real life in government administration.
Translation is a
logomachy, a dialogue, both words we have borrowed from Greek.
They should be taught the ordinary sports and games, such as ball, hopscotch, croquet, swinging, marbles, tops, bean bags, dominoes, checkers,
logomachy and other word and letter games, the use of dissected maps, etc.
(367) Terms like corporate entity were nothing more than "legal magic and word-jugglery" (368) that provided the facade of scientific, rational deduction through judicial
logomachy, often with "prejudice masquerading in the cloak of legal logic," (369) ignoring the actual consequences of court decisions.
(Stigler, 1987, 77) Economic terms seem to pass in their historical development through a series of stages which, without pretension to rigidness, may be described as follows: first, no definition is given, but it is assumed that every one has a sufficiently clear idea of the subject to make a formal definition unnecessary; second, a definition is attempted and a number of exceptional forms are noted; third, with the further increase of data, the relative importance of the various forms changes, confusion in discussion is introduced,
logomachy takes the place of constructive investigation; fourth, a complete classification of the forms embraced under the original term is made, and problems are investigated with reference to these classes.
But this will not be without a struggle, of course, for as Perez (103) correctly notes, Memmi "dira partout dans ses travaux ce malaise de l'appropriation instrumentale comme imaginaire de la langue et du discours du dominant pour tout colonise comme pour l'ecrivain." For there to be tikkun, there will have to be a
logomachy, but as Leiner remarks, "Memmi a conquis le langage." (26) (14).
The Revolution was not merely
logomachy; its values, policies, and institutions had implications for the time, property, and social relations of the French.
The educational process requires those who contribute to classroom dynamics--faculty and students--to examine the usual cause and effect relationships during academic inquiry; to differentiate between opinion-based tidings and fact- driven data; to assess information bias that is often disguised as rhetoric and dogma; to compare and contrast diverse points of view and varying positions from values; to recognize logical fallacies as well as faulty reasoning that often enters academic genre and the interpretations of life through the paradoxical tenets of metaphysics, paradigms, dichotomy, ideology, metaphors, and
logomachy; to solve problems, and resolve conflicts and make informed decisions based on solvent methods and strategic means.
This notion that judges are sensitive to outcomes is well-canvassed in the literature.(160) To take one example, Joseph Hutcheson imputes to judges an initial "`hunching' out," to be followed by "the
logomachy, the effusion of the judge by which that decree is explained or excused."(161) Uncovering the political animus of the judiciary--what Richard Fallon would call the "pre-interpretive" understanding that launches the work of analysis(162)--is a principal task, and merit, of legal scholarship;(163) it causes Justices like Antonin Scalia and Ruth Bader Ginsburg to be celebrated as avatars of the right or left.(164)