Wimpfheimer_ Is it not so.pdf
Wimpfheimer_ Is it not so.pdf
Wimpfheimer_ Is it not so.pdf
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72 ❙ Barry <strong>Wimpfheimer</strong><br />
for Rava to need themÐfor him to be in their service. They intervene here and<br />
point out a bias of their teacher toward faultÐa bias familiar to them from lectures<br />
and cases, one that clouds his judgment and makes a di³cult case seem simplistic.<br />
In the ®rst narrative, Rava's students attempt to embody the conceptual les<strong>so</strong>n<br />
of their teacher by replicating <strong>it</strong> in the classroomÐRava becomes his own example.<br />
His response teaches the students that theoretical study and practical application are<br />
two di²erent realms. The mapping of one world onto a<strong>not</strong>her is <strong>not</strong> precisely to<br />
scale; the imprecision yields the unexpected emotional result of anger or shame.<br />
Rava reverses the map's compass, and his control over the applicationÐthe students<br />
are in his serviceÐbecomes the basis for his dominance in the classroom of theory.<br />
In the second narrative, the s<strong>it</strong>uation is reversed. The court case is a realm of<br />
application. Rava's mistake allows the students to turn the tide, demonstrating that<br />
in the realm of theory, his ruling is wanting. It is they who are able to control the<br />
topic by shifting the court case back into the theoretical discussion. Again, they have<br />
learned their les<strong>so</strong>n well.<br />
Rava's activist crusade to connect liabil<strong>it</strong>y w<strong>it</strong>h immediate fault coincides w<strong>it</strong>h<br />
an economic empathy for the bailee. Rava steps into the bailee's shoes, transporting<br />
himself into his own curriculum of study. Rava's students' in<strong>it</strong>ial question derives<br />
from their similar need to per<strong>so</strong>nify a theoretical discussion. He does <strong>not</strong> object to<br />
the attempt, modeled after his own; he objects to <strong>it</strong>s application. In the second<br />
narrative, <strong>it</strong> is the students who remember empathyÐ<strong>it</strong> is they who envision<br />
themselves in Bei ¼ozai's shoes. The students remind Rava that the shift to fault<br />
does <strong>not</strong> require a heavy hand for the negligent. The students intervene and<br />
question the harshness of Rava's judgment. Rava is ashamed by the realization that<br />
the very creative energies that establish his author<strong>it</strong>y blind him to the empathic<br />
opportun<strong>it</strong>ies a²orded by thorough pedestrian research.<br />
The students' reminder, like their opening question, is a moment of pedagogy<br />
in which they teach their own teacher. Rava is ashamed by his students because they<br />
had realized the complex<strong>it</strong>y of the case while he had <strong>not</strong>. He is further ashamed by<br />
the implications of that realization. An individual's biases are often di³cult to<br />
surmount and need to be addressed by outside intervention. Rava's students<br />
demonstrate anew his need for themÐfor those who will contextualize his<br />
teachings and realize when he has missed <strong>so</strong>mething or gone too far a®eld. He is