On Mon, 10 Jan 2000 12:18:44 -0500 "Charles Brown"
<CharlesB at CNCL.ci.detroit.mi.us> writes:
>
>>>> 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.
>
>&&&&&&&&&&&&&
>
>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.
Yale was a main center for legal realist scholarship. Legal realism has had its representatives on the Supreme Court in the past including Oliver Wendell Holmes, Jr. and William O. Douglas (who I think was a professor at Yale Law School). Many of the New Dealers (such as Thurman Arnold) were legal realists since it was seen by them as providing a useful framework for critiquing the reactionary Supreme Court which was regularly declaring New Deal legislation to be unconstitutional.
>
>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
>
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