Law in Contemporary Society

View   r4  >  r3  ...
JessicaWirthFirstPaper 4 - 15 Apr 2012 - Main.JonathanBrice
Line: 1 to 1
 
META TOPICPARENT name="FirstPaper"
Line: 68 to 68
 

Functionalism Sheds some Light...

Most friends, acquaintances, and family members who ask me why I might want to work at a law firm accept as an answer some combination of the following: I need to earn a salary reflective of the effort and expense I’ve incurred attending law school; I seek to do interesting, intellectual work; and I hope that a prestigious law firm position will provide the training and legal seal of approval necessary to ultimately do the work I came to law school to do. I find these responses increasingly lacking when I view them through the functionalist lens propounded by Cohen.
Changed:
<
<
I have tried to ask myself what each justification above actually does, not what it purports to do. For example, what is the significance of the fact that I will graduate law school with hundreds of thousands of dollars in student loan debt? It purports to be a limiting factor in my career trajectory: because I owe money, I must choose a path that will allow me to pay it back. What it actually does is nothing more or less than force me make a choice about whether I will pay this debt back and if so, on what time table. The choice I make may trigger numerous outcomes, and I may have a higher or lower preference for each that I will try to estimate in advance of choosing what I will do. That I owe money doesn’t tell me what I have to do or what I should do, it only sets out a decision tree whose branches I define.
>
>
I have tried to ask myself what each justification above actually does, not what it purports to do. For example, what is the significance of the fact that I will graduate law school with hundreds of thousands of dollars in student loan debt? It purports to be a limiting factor in my career trajectory: because I owe money, I must choose a path that will allow me to pay it back. What it actually does is nothing more or less than force me to make a choice about whether I will pay this debt back and if so, on what time table. The choice I make may trigger numerous outcomes, and I may have a higher or lower preference for each that I will try to estimate in advance of choosing what I will do. That I owe money doesn’t tell me what I have to do or what I should do, it only sets out a decision tree whose branches I define.
 
And not even that, really. Your practice will have a larger nut, by the amount of your

Revision 4r4 - 15 Apr 2012 - 22:26:07 - JonathanBrice
Revision 3r3 - 14 Apr 2012 - 00:08:01 - EbenMoglen
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM