Am I The Asshole?
Posted: Sat Oct 20, 2018 5:38 pm
I'll let you decide. This is the second time I've had a law classmate, both times a woman, whine and cry over my debate style being too "mean" and confrontational. If you guys think she's right, I'll tone it down. So far, none of the professors, male or female, in several classes have had a problem with me and my style. If anything, they seem bemused...
The assignment:
After reading Chapters 1 and 2 in your textbook, Written Lectures 1 and 2 and PowerPoints for Chapters 1 & 2, answer, and then discuss with your classmates, the following:
1. A newspaper article, from the Richmond Register, states as follows: "Anyone looking for a divorce in Louisville with no major settlement issues (i.e., uncontested) and $20 has an easier option to end a marriage. The Jefferson Circuit Court Clerk's office is offering a do-it-yourself divorce packet. The packets, created by the clerk, the Legal Aid Society of Louisville, Family Court, and the Louisville Bar Association, are aimed at giving people access to a divorce when they can't afford the . . . attorneys' fees. . . . The packets allow a divorcing couple. . . to divorce without attorneys or possibly even setting foot in a courtroom. The idea grew out of people seeking quicker cheaper divorces by going online and downloading self-help divorce packets off the Internet, sometimes costing hundreds of dollars, only to find out the documents weren't usable in Kentucky. . ." .
What do you think of this procedure? What are the "pros" and "cons" of such a procedure? Do you think that other circuits should adopt this procedure?
2. Next, find at least two (2) Kentucky Internet sites that contain information on Kentucky Family/Domestic Relations law (post links to your sites). Then, tell what information/material is on each site and what you like, or dislike, about each site. Find sites that your classmates have not already found. Finally, go to some of the sites that your classmates have found and tell what you think of those sites.
My post:
Fill Up And A Divorce?
Collapse
It practically seems that way, I know. Many of my classmates have addressed concerns, rightfully so, of the downside of this packet being available. I believe that many of them are mistakenly arguing from the standpoint of their own moral or religious code, rather than the Law. I do not believe it is government's place to restrain people from exercising their rights simply to keep them from making questionable decisions regarding their own lives. As with all of us, my opinion comes from the bias of my own experience.
My ex-wife and I were married when I was 23 and she was 20. 9 years later, with three kids and a reasonable amount of property, we realized we were two different people and should no longer be together. We negotiated and filled out our own divorce paperwork over our kitchen table, hired a lawyer to review it before filing, then filed. I realize that divorce is often contentious with complicated issues of custody, visitation, support, and the dividing of property to consider. When that is the case, a divorce lawyer is always available. This packet is not putting them in any danger of going out of business. As long as there are divorces, there will be plenty of work for the divorce lawyer.
However, there are also many couple such as Jessica and I. Though we might arguably be in the minority, we do exist. Obviously, there is a significant market demand or private groups such as Pre-Paid Legal and others would not exist. People have the right to a divorce, just as they have a right to get married. Given that, if these services are going to exist, far better for there to be an affordable remedy compiled by not only experts, but the same experts who will be processing this divorce.
For some of my classmates who have offered up moral or religious arguments in opposition to easy divorce, I respectfully invite you to get over it. We do not live in a Theocracy. What may not, according to some, be moral or religously correct can still be perfectly legal, such as the case of same sex marriage.
Marriage is a right. Divorce is a right. If a citizen wishes to get married to get a green card, take grandpappy's bank account, or some other nefarious reason, eliminating an easy avenue to divorce is not going to prevent them going forward with such a crime. I do say crime, as both situations I mentioned are already illegal, if caught and proven. Attempting to make it "double-plus illegal" by making divorce harder and more expensive is not only fated to fail, it simply puts an undue burden on others of limited means who want out of a toxic relationship. Furthermore, it is not the place of the judicial system to put additional hurdles in front of people in an ill-fated attempt to anticipate and correct every possible bad decision a free adult may wish to make.
At this point, many of the best websites have been taken, but I did manage to find a couple that I thought were relevant.
The Kentucky Coalition Against Domestic Violence has a page on their site with explanations of the process, plus links to other resources. I like this as a possible starting point for someone looking for the basics of how a divorce in Kentucky works.
https://kcadv.org/resources/laws/custody-divorce
In addition, this website seems to be a one-stop place for someone wishing to complete their Kentucky divorce entirely online. I like that it seems to be entirely online and convenient. I dislike it for the same reason. Caveat Emptor!
https://www.completecase.com/online-div ... ce-papers/
As for the websites offered by my classmates, I haven't found any that are completely useless. The websites sponsored by the government or advocacy groups such as the Coalition Against Domestic Violence, seem to have the most useful information.
Her Response:
I have to admit, and I think that I can speak for many others in the class, that your whole perception on this argument has me perplexed. Yes, I agree that what happens behind two consenting adults’ closed door is 100% their business. That was proven in Lawrence v. Texas, 539 U.S. 558 (2003). However, what I think many will agree is off with your argument is the concept that the government nor the court system have any “business” poking their noses into the marriages and divorces of individuals. Heterosexual or same-sex couples alike. You talk endlessly about the right that we should have to do the paperwork and file it ourselves to save expense, but you seem to be neglecting to look at the fact that to have that right, and the right as it stands now, the government and the little people that make it up had to compose, edit, vote, and then ultimately enact that right. Therefore, the government has played the main and most crucial role in the formation of marriage and divorce since its beginning.
Secondly, to exercise this right (you know, the one the government gave us), the courts, through the judicial system must be a part of the process to . . . yep, you guessed it . . . process the request. In this respect, I also found it odd that you spoke about all of these “experts” that will help process the divorce. The whole point of the do-it-yourself packet is that there are no experts in the process. Those are the people that are being eliminated by “doing it yourself.” The packet will be processed by somebody at . . . yep, you guessed it again . . . the courthouse by the people who work for the courts. They will be nobody any different than the one who takes your picture for your driver’s license, payment for your car registration, so on and so forth.
Likewise, I have to admit that I even further don’t understand how you can call having people take the long way for a divorce is a “double-plus illegal” concept. That is the current standard and it is in no way illegal. So, how would it turn?
I think that it is wonderful that you and your ex-wife were able to sit down, over the kitchen table, and work out what you needed to do. Not many are that lucky. As you said yourself, and you should keep in mind when arguing your point, you and Jessica are in the minority of people going through a divorce, especially with kids, which can do that.
From most of the posts that I have read so far, the main argument has nothing to do with morals or religious views, but more so over ensuring things such as accuracy, safety, the ability to fully comprehend the process, eliminating fraudulent or forced filings, etc. I know that Jim and I discussed the old fashioned values that we hold when it comes to people just randomly divorcing at the drop of a hat, but even at that if somebody does want to go every week for a new divorce to somebody they obviously just married within that week’s timeframe, then you are imposing and asking the courts to step into your business twice a week. Once to get the marriage, and a second time to get the divorce. So, honestly, I’m really not sure how you can think that the government or the judicial system cannot play a role in what they are doing.
As for your websites.
I agree that the Kentucky Coalition for Domestic Violence website is an excellent resource, but I firmly disagree that for a simple divorce it should be the place to look for advice unless you are the victim of domestic violence. It's purpose is to help victims of domestic violence get free from the dangerous situation, and should only be used for that purpose.
As for completcases.com, yes, it does look like a good, basic site that can give information needed. However, if you look further into it, it is actually a for-profit site that seeks to get you to do the online divorce that the article in this prompt warned us about not actually being legal.
My Rebuttal:
I imagine you might speak for many others if they also read my post and failed to comprehend the actual points I made. In fact, it seems as if you rushed through it, because your conclusions bear very little relation to what I actually wrote.
First, I would suggest a refresher of American History and basic Civics. Our rights, according to the founders, are not "given" to us by government. They are natural rights given by God. The Bill of Rights, for instance, grants nothing. It simply spells out what, again according to the founders, is pre-existing. It was assumed that later, more totalitarian versions of our government might try and corrupt this. That is why Jefferson explicitly stated that each generation would have to rewin its liberties and that "the tree of liberty must be refreshed from time to time, with the blood of tyrants and patriots." In other words, when people have a "mother may I" approach to government having to approve everything they do, it's time for another revolution. Some would argue we are close to that point.
Secondly, government being involved in marriage is a fairly recent phenomenon. HIstorically, it was a matter of the Church (at that time, the Catholic church). Why is the government now involved in marriage contracts? Expansion of power, which is government's natural tendency, plus additional sources of revenue (license fees, divorce filing fees, an entire industry of mediators, divorce lawyers, additional government clerks, judges, etc.).
Your additional point about wondering why "experts" would need to be involved. Because not needing an attorney with you every step of the way is not the same as having a little helpful, inexpensive guidance by the very same people who will actually be making your divorce happen. I find it far preferable to using one of the for-profit services that issue you forms that may not even be legal for use in Kentucky. And yes, of course there will be experts involved in the process. The same professionals who file and process this paperwork every day. The same judges that must sign off on the divorce, assuming everything is filled out correctly. Those experts. Frankly, your assertion that there are no experts in the field involved in processing even a do it yourself divorce is so confounding, I was momentarily at a loss of how to even respond.
I never wrote that taking the long way to divorce was making anything "double-plus illegal." I wrote that making people take the long way in order to prevent a crime which is already illegal and already has criminal penalties, is essentially burdening those who want the fast route and that crime isn't detered by making something illegal, "double-plus illegal" by attaching additional barriers. Crooks will always find a way.
As for thinking the goverment and judicial system cannot play a role, I never said they couldn't. They obviously already do. My point was that I don't believe they should and most definitely not to the level you proposed.
I realize we are all really busy and I love your spirit of debate. I'm really not trying to come across as a jerk, but I urge you to take the time to thoroughly read my post again. You seem to have missed every major point I made entirely. After review, please post again. I'll be glad to debate any challenge to any points I have actually made.
Now, as to the websites. I'm not thrilled with them, either. By the time I posted, many of the best ones I found were already cited by others. The early worm and all that.
Her Butthurt:
My jaw is just on the floor right now. You said in the introductions that you liked to get people fired up and have debates, and I think that is great, but from what I have seen so far it appears that you do it only for the purpose to attack individuals, and demean their understanding or knowledge. Especially those with a different opinion than you hold. You have differing opinions than others, I get that, but you are all over the place with your comments. Sometimes even altering your point of view, or so it seems, in what comes across as an effort to provoke a response. Or better yet, it feels like you want to just simply fight. I personally will not interact with that, but will do what is required to benefit the “client” in this type of setting. The “client” being the class.
As for my response, first, I read your post several times. In fact you can basically follow my flow along with the flow of yours so that I hit the main points of what YOU came across with. My knowledge, experience, and ability is vast, and I do not appreciate it being attacked in the negative ways that you have. It was a personal attack, and there was no reason for that. It’s an opinion, not a debate of who is smarter. Just because I question your opinion in a way that hopes to elicit a further understanding of an opinion I may not share, or that is presented in a way that on the face of it was confusing TO ME, then it only means the presentation was not what you apparently wanted it to be. It wasn’t an open opportunity to essentially call me stupid. Which is how your response reads.
Now, second, I say “came across” simply because I feel that you need to step back and take into consideration how what you are saying appears from the outside looking in. The written word is often hard to convey our true intent from the simplest of meanings to the most complex of thoughts. Might I recommend the approach of outside-looking-in when re-reading your responses before submitting them? How would you feel being talked to like that? Ask, “Will this propel the cause (case) or hinder an ability to find a common ground or understanding?” Maybe we want to simply understand your point of view, not that it will change our minds, and this is your chance to better address it. Who knows you could win somebody over to your “way of thinking.”
Third, and finally, (and in following one of the main concepts of TQM, I come to you directly first) please refrain from making attacks about a person’s character, ability, knowledge, belief, etc. This particular post is an opinion-based response, and even though you appear to ride a fence only to fall to whichever side causes the most controversy, even if it contradicts a statement you have made elsewhere, it is counterproductive to the group’s effort of working and learning together. And most of all, just a lack of respect for your teammates (another key ingredient of TQM).
We will clash at times, but at no time (especially based on TQM) does the team have good quality management if the team’s quality consists of any form of degradation.
In conclusion, I apologize in advance for whipping out the mother attitude with you, but felt that (again, following TQM) we needed to nip this right away to avoid complications in the future for working toward what is best for each of us in the “client’s case.” We have to work together in this class, Ms. Murphy has made that abundantly clear, or each of us will suffer, and approaching others with a condescending and superior appearance will only hurt our team. Hopefully we can work together from this point on to ensure a productive and mutually respectful atmosphere conducive to learning and benefiting each other.
With the utmost respect,
Liz
My response:
I'm sincerely sorry if you were offended, but your response made it clear you misunderstood my post. I clearly documented that, point by point, in my response. In fact, if that isn't apparent upon reading it, I'm at a loss. I simply can't break it down any easier.
I'm a little taken aback by what you perceive as a personal attack. The fact that your opinion flies in the face of basic Civics or the documented thoughts and intent of the founding fathers? Well, it does. If pointing that out embarrasses you or seems "mean," that is beyond my control. I also can't help how you are reading between the lines of my posts. That is a personal issue. Frankly, it is also beyond my control. Directly calling you a name is a personal attack. Rebutting your argument by pointing out an apparent deficit in your background knowledge or education is an observation.
I'll be blunt, I hold you no ill will, but your form of debate seems to be emotion first, facts second. You also seem to be, my opinion here, very sensitive. I'm not going to ignore what I see to be weak or feelings-based arguments for the sake of sparing feelings.
I invite you to give me an example of how any of my rebuttal was a personal attack. If your sensitivity is such that you take it that way, let me point out that law is an adversarial discipline. If you do go on to law school, I would imagine that a judge would be hesitant to grant an objection based upon "opposing counsel is being a big meanie" or over hurt feelings in general. It's worth considering.
As for TQM, I am very familiar with it, both in education and in business. It hit its hayday in the 90s, but there is now considerable data questioning its actual effectiveness and many organizations are moving away from it.
https://www.ukessays.com/essays/managem ... -essay.php
also
http://www.academia.edu/8581485/Why_Tot ... ment_Fails.
However, it is still in use, is preferred by our professor, and this course was apparently designed around it, at least in part, so it is the system we will use. However, especially given strong, educated opinions to the contrary regarding its usefullness, I'm not simply going to put my intellect on hold for the sake of TQM, as if it were some religion and we were it's adherents.
If Dr. Murphy has a problem with my methods, I'm sure she will address them with me in due course. As for working together, I'll point out that I've had several classes now with many of the people in this class. None of them has had a problem with my style of debate. Rather, they come back and give as good as they get. Some of them I generally agree with. Others generally hold a different opinion and are not shy about saying so. Have we had some epic clashes? You bet! Have I ever heard complaints about lack of respect from any of them? Not even once.
In closing, I want to state again that I am sincerely sorry if your feelings are hurt. I do apologize for that. I do not apologize for poking holes in a poorly constructed response based on misreading and misunderstanding my original points. That is not lack of respect. A lack of respect would be ignoring it because I believed you couldn't take the rebuttal or criticism.
Let's have it...
The assignment:
After reading Chapters 1 and 2 in your textbook, Written Lectures 1 and 2 and PowerPoints for Chapters 1 & 2, answer, and then discuss with your classmates, the following:
1. A newspaper article, from the Richmond Register, states as follows: "Anyone looking for a divorce in Louisville with no major settlement issues (i.e., uncontested) and $20 has an easier option to end a marriage. The Jefferson Circuit Court Clerk's office is offering a do-it-yourself divorce packet. The packets, created by the clerk, the Legal Aid Society of Louisville, Family Court, and the Louisville Bar Association, are aimed at giving people access to a divorce when they can't afford the . . . attorneys' fees. . . . The packets allow a divorcing couple. . . to divorce without attorneys or possibly even setting foot in a courtroom. The idea grew out of people seeking quicker cheaper divorces by going online and downloading self-help divorce packets off the Internet, sometimes costing hundreds of dollars, only to find out the documents weren't usable in Kentucky. . ." .
What do you think of this procedure? What are the "pros" and "cons" of such a procedure? Do you think that other circuits should adopt this procedure?
2. Next, find at least two (2) Kentucky Internet sites that contain information on Kentucky Family/Domestic Relations law (post links to your sites). Then, tell what information/material is on each site and what you like, or dislike, about each site. Find sites that your classmates have not already found. Finally, go to some of the sites that your classmates have found and tell what you think of those sites.
My post:
Fill Up And A Divorce?
Collapse
It practically seems that way, I know. Many of my classmates have addressed concerns, rightfully so, of the downside of this packet being available. I believe that many of them are mistakenly arguing from the standpoint of their own moral or religious code, rather than the Law. I do not believe it is government's place to restrain people from exercising their rights simply to keep them from making questionable decisions regarding their own lives. As with all of us, my opinion comes from the bias of my own experience.
My ex-wife and I were married when I was 23 and she was 20. 9 years later, with three kids and a reasonable amount of property, we realized we were two different people and should no longer be together. We negotiated and filled out our own divorce paperwork over our kitchen table, hired a lawyer to review it before filing, then filed. I realize that divorce is often contentious with complicated issues of custody, visitation, support, and the dividing of property to consider. When that is the case, a divorce lawyer is always available. This packet is not putting them in any danger of going out of business. As long as there are divorces, there will be plenty of work for the divorce lawyer.
However, there are also many couple such as Jessica and I. Though we might arguably be in the minority, we do exist. Obviously, there is a significant market demand or private groups such as Pre-Paid Legal and others would not exist. People have the right to a divorce, just as they have a right to get married. Given that, if these services are going to exist, far better for there to be an affordable remedy compiled by not only experts, but the same experts who will be processing this divorce.
For some of my classmates who have offered up moral or religious arguments in opposition to easy divorce, I respectfully invite you to get over it. We do not live in a Theocracy. What may not, according to some, be moral or religously correct can still be perfectly legal, such as the case of same sex marriage.
Marriage is a right. Divorce is a right. If a citizen wishes to get married to get a green card, take grandpappy's bank account, or some other nefarious reason, eliminating an easy avenue to divorce is not going to prevent them going forward with such a crime. I do say crime, as both situations I mentioned are already illegal, if caught and proven. Attempting to make it "double-plus illegal" by making divorce harder and more expensive is not only fated to fail, it simply puts an undue burden on others of limited means who want out of a toxic relationship. Furthermore, it is not the place of the judicial system to put additional hurdles in front of people in an ill-fated attempt to anticipate and correct every possible bad decision a free adult may wish to make.
At this point, many of the best websites have been taken, but I did manage to find a couple that I thought were relevant.
The Kentucky Coalition Against Domestic Violence has a page on their site with explanations of the process, plus links to other resources. I like this as a possible starting point for someone looking for the basics of how a divorce in Kentucky works.
https://kcadv.org/resources/laws/custody-divorce
In addition, this website seems to be a one-stop place for someone wishing to complete their Kentucky divorce entirely online. I like that it seems to be entirely online and convenient. I dislike it for the same reason. Caveat Emptor!
https://www.completecase.com/online-div ... ce-papers/
As for the websites offered by my classmates, I haven't found any that are completely useless. The websites sponsored by the government or advocacy groups such as the Coalition Against Domestic Violence, seem to have the most useful information.
Her Response:
I have to admit, and I think that I can speak for many others in the class, that your whole perception on this argument has me perplexed. Yes, I agree that what happens behind two consenting adults’ closed door is 100% their business. That was proven in Lawrence v. Texas, 539 U.S. 558 (2003). However, what I think many will agree is off with your argument is the concept that the government nor the court system have any “business” poking their noses into the marriages and divorces of individuals. Heterosexual or same-sex couples alike. You talk endlessly about the right that we should have to do the paperwork and file it ourselves to save expense, but you seem to be neglecting to look at the fact that to have that right, and the right as it stands now, the government and the little people that make it up had to compose, edit, vote, and then ultimately enact that right. Therefore, the government has played the main and most crucial role in the formation of marriage and divorce since its beginning.
Secondly, to exercise this right (you know, the one the government gave us), the courts, through the judicial system must be a part of the process to . . . yep, you guessed it . . . process the request. In this respect, I also found it odd that you spoke about all of these “experts” that will help process the divorce. The whole point of the do-it-yourself packet is that there are no experts in the process. Those are the people that are being eliminated by “doing it yourself.” The packet will be processed by somebody at . . . yep, you guessed it again . . . the courthouse by the people who work for the courts. They will be nobody any different than the one who takes your picture for your driver’s license, payment for your car registration, so on and so forth.
Likewise, I have to admit that I even further don’t understand how you can call having people take the long way for a divorce is a “double-plus illegal” concept. That is the current standard and it is in no way illegal. So, how would it turn?
I think that it is wonderful that you and your ex-wife were able to sit down, over the kitchen table, and work out what you needed to do. Not many are that lucky. As you said yourself, and you should keep in mind when arguing your point, you and Jessica are in the minority of people going through a divorce, especially with kids, which can do that.
From most of the posts that I have read so far, the main argument has nothing to do with morals or religious views, but more so over ensuring things such as accuracy, safety, the ability to fully comprehend the process, eliminating fraudulent or forced filings, etc. I know that Jim and I discussed the old fashioned values that we hold when it comes to people just randomly divorcing at the drop of a hat, but even at that if somebody does want to go every week for a new divorce to somebody they obviously just married within that week’s timeframe, then you are imposing and asking the courts to step into your business twice a week. Once to get the marriage, and a second time to get the divorce. So, honestly, I’m really not sure how you can think that the government or the judicial system cannot play a role in what they are doing.
As for your websites.
I agree that the Kentucky Coalition for Domestic Violence website is an excellent resource, but I firmly disagree that for a simple divorce it should be the place to look for advice unless you are the victim of domestic violence. It's purpose is to help victims of domestic violence get free from the dangerous situation, and should only be used for that purpose.
As for completcases.com, yes, it does look like a good, basic site that can give information needed. However, if you look further into it, it is actually a for-profit site that seeks to get you to do the online divorce that the article in this prompt warned us about not actually being legal.
My Rebuttal:
I imagine you might speak for many others if they also read my post and failed to comprehend the actual points I made. In fact, it seems as if you rushed through it, because your conclusions bear very little relation to what I actually wrote.
First, I would suggest a refresher of American History and basic Civics. Our rights, according to the founders, are not "given" to us by government. They are natural rights given by God. The Bill of Rights, for instance, grants nothing. It simply spells out what, again according to the founders, is pre-existing. It was assumed that later, more totalitarian versions of our government might try and corrupt this. That is why Jefferson explicitly stated that each generation would have to rewin its liberties and that "the tree of liberty must be refreshed from time to time, with the blood of tyrants and patriots." In other words, when people have a "mother may I" approach to government having to approve everything they do, it's time for another revolution. Some would argue we are close to that point.
Secondly, government being involved in marriage is a fairly recent phenomenon. HIstorically, it was a matter of the Church (at that time, the Catholic church). Why is the government now involved in marriage contracts? Expansion of power, which is government's natural tendency, plus additional sources of revenue (license fees, divorce filing fees, an entire industry of mediators, divorce lawyers, additional government clerks, judges, etc.).
Your additional point about wondering why "experts" would need to be involved. Because not needing an attorney with you every step of the way is not the same as having a little helpful, inexpensive guidance by the very same people who will actually be making your divorce happen. I find it far preferable to using one of the for-profit services that issue you forms that may not even be legal for use in Kentucky. And yes, of course there will be experts involved in the process. The same professionals who file and process this paperwork every day. The same judges that must sign off on the divorce, assuming everything is filled out correctly. Those experts. Frankly, your assertion that there are no experts in the field involved in processing even a do it yourself divorce is so confounding, I was momentarily at a loss of how to even respond.
I never wrote that taking the long way to divorce was making anything "double-plus illegal." I wrote that making people take the long way in order to prevent a crime which is already illegal and already has criminal penalties, is essentially burdening those who want the fast route and that crime isn't detered by making something illegal, "double-plus illegal" by attaching additional barriers. Crooks will always find a way.
As for thinking the goverment and judicial system cannot play a role, I never said they couldn't. They obviously already do. My point was that I don't believe they should and most definitely not to the level you proposed.
I realize we are all really busy and I love your spirit of debate. I'm really not trying to come across as a jerk, but I urge you to take the time to thoroughly read my post again. You seem to have missed every major point I made entirely. After review, please post again. I'll be glad to debate any challenge to any points I have actually made.
Now, as to the websites. I'm not thrilled with them, either. By the time I posted, many of the best ones I found were already cited by others. The early worm and all that.
Her Butthurt:
My jaw is just on the floor right now. You said in the introductions that you liked to get people fired up and have debates, and I think that is great, but from what I have seen so far it appears that you do it only for the purpose to attack individuals, and demean their understanding or knowledge. Especially those with a different opinion than you hold. You have differing opinions than others, I get that, but you are all over the place with your comments. Sometimes even altering your point of view, or so it seems, in what comes across as an effort to provoke a response. Or better yet, it feels like you want to just simply fight. I personally will not interact with that, but will do what is required to benefit the “client” in this type of setting. The “client” being the class.
As for my response, first, I read your post several times. In fact you can basically follow my flow along with the flow of yours so that I hit the main points of what YOU came across with. My knowledge, experience, and ability is vast, and I do not appreciate it being attacked in the negative ways that you have. It was a personal attack, and there was no reason for that. It’s an opinion, not a debate of who is smarter. Just because I question your opinion in a way that hopes to elicit a further understanding of an opinion I may not share, or that is presented in a way that on the face of it was confusing TO ME, then it only means the presentation was not what you apparently wanted it to be. It wasn’t an open opportunity to essentially call me stupid. Which is how your response reads.
Now, second, I say “came across” simply because I feel that you need to step back and take into consideration how what you are saying appears from the outside looking in. The written word is often hard to convey our true intent from the simplest of meanings to the most complex of thoughts. Might I recommend the approach of outside-looking-in when re-reading your responses before submitting them? How would you feel being talked to like that? Ask, “Will this propel the cause (case) or hinder an ability to find a common ground or understanding?” Maybe we want to simply understand your point of view, not that it will change our minds, and this is your chance to better address it. Who knows you could win somebody over to your “way of thinking.”
Third, and finally, (and in following one of the main concepts of TQM, I come to you directly first) please refrain from making attacks about a person’s character, ability, knowledge, belief, etc. This particular post is an opinion-based response, and even though you appear to ride a fence only to fall to whichever side causes the most controversy, even if it contradicts a statement you have made elsewhere, it is counterproductive to the group’s effort of working and learning together. And most of all, just a lack of respect for your teammates (another key ingredient of TQM).
We will clash at times, but at no time (especially based on TQM) does the team have good quality management if the team’s quality consists of any form of degradation.
In conclusion, I apologize in advance for whipping out the mother attitude with you, but felt that (again, following TQM) we needed to nip this right away to avoid complications in the future for working toward what is best for each of us in the “client’s case.” We have to work together in this class, Ms. Murphy has made that abundantly clear, or each of us will suffer, and approaching others with a condescending and superior appearance will only hurt our team. Hopefully we can work together from this point on to ensure a productive and mutually respectful atmosphere conducive to learning and benefiting each other.
With the utmost respect,
Liz
My response:
I'm sincerely sorry if you were offended, but your response made it clear you misunderstood my post. I clearly documented that, point by point, in my response. In fact, if that isn't apparent upon reading it, I'm at a loss. I simply can't break it down any easier.
I'm a little taken aback by what you perceive as a personal attack. The fact that your opinion flies in the face of basic Civics or the documented thoughts and intent of the founding fathers? Well, it does. If pointing that out embarrasses you or seems "mean," that is beyond my control. I also can't help how you are reading between the lines of my posts. That is a personal issue. Frankly, it is also beyond my control. Directly calling you a name is a personal attack. Rebutting your argument by pointing out an apparent deficit in your background knowledge or education is an observation.
I'll be blunt, I hold you no ill will, but your form of debate seems to be emotion first, facts second. You also seem to be, my opinion here, very sensitive. I'm not going to ignore what I see to be weak or feelings-based arguments for the sake of sparing feelings.
I invite you to give me an example of how any of my rebuttal was a personal attack. If your sensitivity is such that you take it that way, let me point out that law is an adversarial discipline. If you do go on to law school, I would imagine that a judge would be hesitant to grant an objection based upon "opposing counsel is being a big meanie" or over hurt feelings in general. It's worth considering.
As for TQM, I am very familiar with it, both in education and in business. It hit its hayday in the 90s, but there is now considerable data questioning its actual effectiveness and many organizations are moving away from it.
https://www.ukessays.com/essays/managem ... -essay.php
also
http://www.academia.edu/8581485/Why_Tot ... ment_Fails.
However, it is still in use, is preferred by our professor, and this course was apparently designed around it, at least in part, so it is the system we will use. However, especially given strong, educated opinions to the contrary regarding its usefullness, I'm not simply going to put my intellect on hold for the sake of TQM, as if it were some religion and we were it's adherents.
If Dr. Murphy has a problem with my methods, I'm sure she will address them with me in due course. As for working together, I'll point out that I've had several classes now with many of the people in this class. None of them has had a problem with my style of debate. Rather, they come back and give as good as they get. Some of them I generally agree with. Others generally hold a different opinion and are not shy about saying so. Have we had some epic clashes? You bet! Have I ever heard complaints about lack of respect from any of them? Not even once.
In closing, I want to state again that I am sincerely sorry if your feelings are hurt. I do apologize for that. I do not apologize for poking holes in a poorly constructed response based on misreading and misunderstanding my original points. That is not lack of respect. A lack of respect would be ignoring it because I believed you couldn't take the rebuttal or criticism.
Let's have it...