Law in Contemporary Society

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LawSchoolAsAnOrganizationAGroupDiscussion 8 - 23 Feb 2012 - Main.DevinMcDougall
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 Based on my question in class today regarding the applicability of Arnold's analysis of organizations to our experience in law school and Eben's subsequent answer that law school is likely no different from other organizations in society in that it coheres because of shared creeds and ceremonies, I thought it might be interesting if we as a group collaboratively brought to light some practices and ideas where we think we see the Columbia Law School creed manifest. If a business organization's creed is "rational business judgment" then what is ours? I think such a discussion is valuable because one of our (or maybe not, but my) goals in law school is to do some creative thinking while I am here, and awareness of the way our law school sustains itself might enable more creative thinking then if we engage the law school institution as if it was a "person" to which we can rationally appeal. So what does everyone think? What is our creed? What are some of our ceremonies? And how do they inform who we become as law students and how we go about practicing law in the future?

Arnold makes the argument that organizations take on personalities, the content of which depends both on accident and environment. The accidental features of CLS's personality will depend mostly on the personality of those who first assume control, after which the personality is very difficult to change because the same type of person succeeds prior leaders. In what ways do people find themselves influenced by the personalities of their professors either through personal interaction with them or through the way/style/bent in which they introduce legal concepts in class? One of the ways I see this happening is when professors cut off certain lines of analysis in classroom discussions. In my contracts class, in a dialogue between a student and the professor, the student articulated argument for why courts should compensate defendants for breach of contract on fairness grounds, to which the professor responded that it in his class, "fairness" is a "bad word" and that we should not use it when we construct arguments. He also interestingly noted that this was a rule that his contracts professor enforced when he went to law school. This seems to highlight Arnold's point that personalities, once entrenched, are difficult to remove because the individuals in power are succeeded by people with like personalities.

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 "Organizations which are personified in the mind of the public have the effect of making their members unconsciously submerge their own personalities and adopt the personality of the organization while they are acting as a part of it."

-- PrashantRai - 23 Feb 2012

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This is a really interesting thread. As a 3L in my final spring here, I have found myself reflecting on how this place has affected me, and what this place "is" culturally or institutionally. I'm not sure. There seem to me to be a lot of little clusters within CLS, such as the environmentally-minded cluster I have participated in. What all these clusters add up to together, I'm not sure. An image that comes to mind is the "scramble suit" from the film "A Scanner Darkly," a suit which displays a constantly changing mix of images of different people. But I also have the intuition that there are deep structural traits at CLS that do mark most students at least to some degree. I think competitiveness is part of it, also positive dispositions towards authority figures and hierarchical social relations, suspicion of the possibilities of cooperation, and probably more stuff too. I think maybe one way to put it is that one basic, underlying 'creed' at CLS is the valorization of centralized authority.

-- DevinMcDougall - 23 Feb 2012


Revision 8r8 - 23 Feb 2012 - 03:21:32 - DevinMcDougall
Revision 7r7 - 23 Feb 2012 - 02:13:03 - PrashantRai
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