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Books > Law > Jurisprudence & general issues > Legal skills & practice
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The Language of Law School - Learning to "Think Like a Lawyer" (Paperback, annotated edition)
Loot Price: R1,894
Discovery Miles 18 940
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The Language of Law School - Learning to "Think Like a Lawyer" (Paperback, annotated edition)
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Anyone who has attended law school knows that it invokes an
important intellectual transformation, frequently referred to as
"learning to think like a lawyer". This process, which forces
students to think and talk in radically new and toward different
ways about conflicts, is directed by professors in the course of
their lectures and examinations, and conducted via spoken and
written language. Beth Mertz's book is the first study to truly
delve into that language to reveal the complexities of how this
process takes place. Mertz bases her linguistic study on tape
recordings from her first year Contracts courses in eight different
law schools. She knows how all these schools employ the Socratic
method between teacher and student, forcing the student to shift
away from moral and emotional terms in thinking about conflict,
toward frameworks of legal authority instead. This move away from
moral frameworks is key, she says, arguing that it represents an
underlying world view at the core not just of law education, but
for better or worse, of the entire US legal system - which, while
providing a useful source of legitimacy and a means to process
conflict, fails to deal systematically with aspects of fairness and
social justice. The latter part of her study shows how differences
in race and gender makeup among law students and professors can
subtly alter this process. Written within the tradition of
anthropological lingustics, Mertz's work - the first to study law
school in this sort of detail - will appeal to a wide spectrum of
readers interested in the intersection of law, language, and
society: sociolinguists; anthropologists; feminist, race, and
social theorists, and law professors.
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