Initial Notes:

Fitzgerald's measure of intelligence;; Uncertainty as key to lawyering vs. Righteousness as a requisite for justice;; Walter Payton's idea of role models and influences;; Revolution as only hope vs. Revolution as perpetual misery;; Role of lawyers in society. (One of) the Most powerful profession(s)?;; Ancient Hawaiians and culture of recreation. Life based on "the dance" and surfing? Recreation as the highest order of man?;;

Disagreeing with Yourself and Legal Intelligence

-- By ChristopherBuerger - 09 Feb 2008

Introduction

Most of us grew up during a time in which society's views on intelligence were completely redefined. Standardized tests were called into question, and and researchers (perhaps most notably: Howard Gardner]]) started to speak of different kinds of intelligence. But as budding lawyers, what kind of intelligence are we seeking? The different messages we are receiving as first year law students point me to a specific test for intelligence that, if rudimentary, is perhaps useful to think of as we approach both specific legal problems as well as ideas of how to shape our future careers. This "test" was thought of not by psychologist, but novelist, and it is not part of the modern redefinition of cognitive ability, but was rather asserted over 70 years ago. It was F. Scott Fitzgerald who is credited with saying, "The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function." It is the thesis of this paper that Fitzgerald's idea of intelligence is a major part of effective lawyering in the short term and also in the long term.

Section I- The importance of holding opposing ideas for effective lawyering in the short term

Subsection A Relating Legal Realism, Holmes, and the malleability of law

Subsection B Understanding the importance of opposite counsel

Section II The importance of holding opposing ideas for effective lawyering in the long term

Subsection A Understanding long term reactions

Subsection B Humility and uncertainty as a key to success

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If you ever get a chance, I highly, highly recommend you read Stephen Jay Gould's Mismeasure of a Man. I'm not sure how directly it relates to your paper, and in any case you won't have time to read it before Thursday. But if you ever have some free time, it's a great book on intelligence, and I think you'd like it.