>>> James Farmelant <farmelantj at juno.com> 01/10/00 11:29AM >>>
In other words if I understand you correctly you are calling for
a revival of legal realism, this time in order to undermine
the pretentions of the legal profession to embody the rule
of Reason. Actually, Justin has in the past advocated a
Marxist legal realism.
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CB: Yes, I think legal realism would be a good term to use in order to keep us from getting drunk on that drug Reason , which lawyers and law professors dispense so widely. I think "legal realism" has some history at Yale law school in a school of conventional , bourgeois analysis, but we might violate those intellectual property rights to the usage.
I must say though that I am glad to have someone as learned and left as Justin diving into the depths of that Reason pool. His enthusiasm and fresh looks at law are a good implied critique of my weary skepticism from my struggles with jurists and attorneys. Maybe we can sort of do a good cop/bad cop routine on this jurisprudence pokemon. Can that dialectic squeeze something out of the law for the left and for the average person on the street ; and something that won't bore the list to death with some lawyers talking shop ?
CB