By Paul F. Campos, Pierre Schlag, Steven D. Smith
Linked by means of a chronic inquiry into the character and id of “the law,” those essays are proficient via the conviction that the traditional representations of legislation, either in legislation colleges and the courts, can't be taken at face value—that the legislations, as more often than not conceived, is senseless. The authors argue that the relentlessly normative prescriptions of yankee criminal thinkers are often futile and, certainly, frequently pernicious. additionally they argue that the failure to acknowledge the function that authorship needs to play within the construction of felony idea plagues either the instructing and the perform of yankee legislations. starting from the institutional to the mental and metaphysical deficiencies of the yank felony procedure, the intensity of feedback provided via Against the Law is unprecedented.
In a departure from the approximately common legitimating and reformist trends of yankee felony idea, this booklet could be of curiosity not just to the felony lecturers less than assault within the booklet, but in addition to sociologists, historians, and social theorists. extra fairly, it is going to have interaction all of the American legal professionals who suspect that there's anything very unsuitable with the character and path in their career, legislation scholars who expect turning into a part of that career, and people readers excited about the prestige of the yankee felony system.
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Extra resources for Against the Law
14 On the contrary, to understand that legal thought is a practice, that it is conventional in character, and that it is a process is to recognize that objectification is sedimented not only in normative legal thought, but in us as well. Objectification is in some senses unavoidable. Not only is it unavoidable, it is in some senses obviously helpful in allowing us to communicate. The question, then, is not whether one objectifies, but how. IS Now, in some sense, normative legal thought is already self-objectifying: it reenacts consistent and recursive strategies that solidify in visible and stereotyped patterns.
Normative legal thought is monistic; it has a single-norm orientation. Insofar as normative legal thought is prescriptive, it seeks to prescribe a single authoritative norm to rule within the defined jurisdiction of the enterprise. , dialectical thought), normative legal thought will nonetheless envelop such potentially nonmonistic stances within a monistic form. Hence, normative legal thought strives for a textual formalization that will produce a single norm. The aim is thus to articulate or develop a norm that is complete, self-sufficient, discrete, separable, trans-situational, noncontradictory, and nonparadoxical within its intellectual or legal jurisdiction.
Consider, as an example, Ronald Dworkin's theory oflaw as integrity and his depiction of the ideal judge as Hercules. 3 ? Regardless of whether Hercules is an accurate or a desirable model for the appellate judge, he certainly resonates profoundly in the selfimage of the contemporary legal academic. Indeed, it is easy to understand Hercules as the projection of the legal academic's idealized self-image onto the character of the appellate judge. Similarly, Dworkin's theory of law as integrity can easily be understood as a projection of the kind of elegant theory construction that characterizes the most esteemed legal scholarship onto the appellate judicial opinion-writing process.