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Laying Down the Law – Mysticism, Fetishism, and the American Legal Mind: Critical America

Autor Pierre Schlag
en Limba Engleză Paperback – 30 sep 1998

In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century.
--Choice, May 1997
Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover.
--J. M. Balkin, Lafayette S. Foster Professor, Yale Law School
At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law.
His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.

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Specificații

ISBN-13: 9780814780541
ISBN-10: 0814780547
Pagini: 206
Dimensiuni: 151 x 228 x 15 mm
Greutate: 0.21 kg
Ediția:Revised
Editura: MI – New York University
Seria Critical America


Recenzii

"Schlag [has] established himself as one of the most creative thinkers in the contemporary legal academy. To read [these essays] one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking."<BR><I>--Choice</I> In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century.<BR>--<I>Choice, May 1997</I> "Pierre Schlag has been through the collapse of legal theory and lived to tell the tale, a tale that is burdened by as few illusions as possible except for the saving one of hope. He is also a great (and serious) comic."
Stanley Fish, Duke University</I> "Pierre Schlag is the great iconoclast of the American legal academy. Few professors today are so consistently original, funny, and provocative."<BR><I>--Jack Balkin, Yale Law School</I> "Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover."<BR>--J. M. Balkin, Lafayette S. Foster Professor, Yale Law School

Notă biografică


Textul de pe ultima copertă

To hear judges or legal academics speak of "law", one would think that it is a humane, genteel, and noble calling. To experience law on the receiving end - as a litigant or a witness - is an altogether different experience, often evoking fear and dread. Whence the difference? Laying Down the Law traces this difference back to the self-deceptions of the legal mind. By exploring the ways in which legal professionals think, Schlag reveals the cognitive blockages, the false self-identifications, and the conventional sophistries through which the illusion of law is created. For Schlag, the legalist form of thought extends far beyond the official precincts of law. The essays here are of interest not only to those who have undergone "legal education", but to philosophers, sociologists, psychologists, social theorists, and anyone else whose discipline is already prey to legalism. Schlag shows us how to move beyond the self-congratulatory rhetoric of the law so that we might think critically about its identity, and limitations. The book calls into question the dominant normative orientation that shapes so much academic thought not just in law, but in the humanities and social sciences. It challenges as well the dominant images of self, reason, and morality routinely assumed into existence by the legal community.