Laying Down the Law
eBook - ePub

Laying Down the Law

Mysticism, Fetishism, and the American Legal Mind

Pierre Schlag

Share book
  1. 206 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Laying Down the Law

Mysticism, Fetishism, and the American Legal Mind

Pierre Schlag

Book details
Book preview
Table of contents
Citations

About This Book

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.

Frequently asked questions

How do I cancel my subscription?
Simply head over to the account section in settings and click on “Cancel Subscription” - it’s as simple as that. After you cancel, your membership will stay active for the remainder of the time you’ve paid for. Learn more here.
Can/how do I download books?
At the moment all of our mobile-responsive ePub books are available to download via the app. Most of our PDFs are also available to download and we're working on making the final remaining ones downloadable now. Learn more here.
What is the difference between the pricing plans?
Both plans give you full access to the library and all of Perlego’s features. The only differences are the price and subscription period: With the annual plan you’ll save around 30% compared to 12 months on the monthly plan.
What is Perlego?
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1 million books across 1000+ topics, we’ve got you covered! Learn more here.
Do you support text-to-speech?
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more here.
Is Laying Down the Law an online PDF/ePUB?
Yes, you can access Laying Down the Law by Pierre Schlag in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
NYU Press
Year
1998
ISBN
9780814788769
Topic
Law
Index
Law

INDEX

AALS, 19
ABA, 56
abstraction, 45
academic. See legal academic(s)
action/expression dichotomy, 120–21, 184–85
administrative welfare state, 149, 151
aesthetic(s), 51, 56, 68, 145, 150
capacity, development of, 58
criteria, 31
frame(s), 44, 55
inadequacy, 58
of judges, 72
legal, 4, 61, 151–52, 158
of legitimation, 151
presuppositions of, 175
social, 156–57, 175
spatial, 52, 65–66
teleological, 154
agents: autonomous, rational, 25
human, 24
ahistoricism, 44
amorality, 10, 24
animism, 20, 125
anti-intellectualism, 133–45
Aristotle, 5, 13
Austin, John Langshaw, 172, 184
authenticity, 10
balancing, 7
baseball, and theories of Stanley Fish, 107–13
Baudrillard, Jean, 172, 173
Beale, Joseph, 134
belief(s), 136
disjunctive, 7–9
systems, 27–28
Bergman, Ingmar, 127
Berkow, Ira, 107, 184
boredom, 26
Brandeis, Justice William, 90
bureaucrat, 149
bureaucratic institutions, 24–25, 34–35, 72, 128
and humanist subjects, 38–40
Burke, Kenneth, 174
Campos, Paul, 186, 187
category mistake, 6, 38, 42, 53
causation: linear, 140
Newtonian conceptions of, 7
civic republicanism, 22
civil society, 150
coercion, 32, 118, 141, 157
cognitive: organization, 150
states, 7
Collins, Ronald K. L., 174
Communism, 165
community, 7, 44–45, 136
as normative conception, 34
complexes: consent, 153
hierarchy, 153
justification, 153
legitimation, 153, 154
teleological, 154
conscience, 147, 187
cons...

Table of contents