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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. 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. 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.
Legal doctrine-the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law-is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the "New Doctrinalists," Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine-focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.
"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." "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."Pierre Schlag is the great iconoclast of the
American legal academy. Few professors today are so consistently
original, funny, and provocative." 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. 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 ofcontemporary
jurisprudence. All one can say to the latter is, better take
cover. 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.
Legal doctrine-the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law-is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the "New Doctrinalists," Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine-focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.
A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion-an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value-that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
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