Law in Contemporary Society

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Frank-LooseEndsAndContinuingDiscussion 5 - 04 Feb 2009 - Main.JamilaMcCoy
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II. What We Would Like to Understand Better

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c. Couldn’t some of our instinctive trust in fact-finders have to do with our need for repose, and an aversion to endless litigation of factual issues that can be examined in multiple ways?

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Helen, your example is interesting. I wonder exactly what you mean by “the right people.” Are the right people us law students? If that’s what you mean, I agree and I’d like to consider how one could go about throwing “raw injustice” our faces in an eye opening and effective way.
 
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I think that a good way to do this is to increase social consciousness through service learning. There are plenty of people who recognize the existence of legal magic because they have experienced; the problem is that all too often we don’t meet them. Our education centers on heavily edited cases and basic economic analysis, with very little attention paid to the power of a real experience.

Of course there is the pro bono requirement and the opportunity to participate in clinics. But how different could our law school experience be if the tone were set, not by our legal methods class, but by a series of experiences (maybe a few weeks of a service learning project or series of alternative field trips) designed to acquaint us with the world that we hope to change?

Perhaps we won’t revolutionize our litigation system (it seems like we might be in too deep), but at least we can elevate our awareness and work around the system we’ve been dealt.

“Our troubled planet can no longer afford the luxury of pursuits confined to an ivory tower. Scholarship has to prove its worth, not on its own terms, but by service to the nation and world.” – Oscar Handlin --JamilaMcCoy -04 Feb 2009

 

d. Comparing Frank and Cohen

* “Nonsense and Magic”


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