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Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind
 
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Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind [Paperback]

Pierre Schlag (Author)
4.3 out of 5 stars  See all reviews (3 customer reviews)

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Book Description

0814780547 978-0814780541 October 1, 1998

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.


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Editorial Reviews

Review

"Schlag [has] established himself as one of the most creative thinkers in the contemporary legal academy. To read [these essays] 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."

-Choice,

"Pierre Schlag has been through the collapse of legal theory and lived to tell the tale, a tale that is burdened by as few illusions as possible except for the saving one of hope. He is also a great (and serious) comic."

-Stanley Fish,Duke University

Pierre Schlag is the great iconoclast of the American legal academy. Few professors today are so consistently original, funny, and provocative."

-Jack Balkin,Yale Law School

About the Author

Pierre Schlag is Nicholas Rosenbaum Professor of Law at the University of Colorado.


Product Details

  • Paperback: 195 pages
  • Publisher: NYU Press (October 1, 1998)
  • Language: English
  • ISBN-10: 0814780547
  • ISBN-13: 978-0814780541
  • Product Dimensions: 8.2 x 5.4 x 0.6 inches
  • Shipping Weight: 7.5 ounces (View shipping rates and policies)
  • Average Customer Review: 4.3 out of 5 stars  See all reviews (3 customer reviews)
  • Amazon Best Sellers Rank: #3,178,436 in Books (See Top 100 in Books)

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Average Customer Review
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5 of 5 people found the following review helpful:
5.0 out of 5 stars Schlag established himself as one of the most creative..., September 19, 1997
By A Customer
In the previously published essays collected 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 sophisication 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 question of normativity and the normative claims made by legal scholars. Learned readers of modern social thought and of the legal brand of postmodernism will find little new in Schlag's arguments anout the linguistic and rhetorical status of value statement, prescripions, and evaluations. But his work is distinguished by the manner in which he develops those arguments, combining analytic rigor, a learned grasp of the literature relevant to his topics, and a bracing irreverence. He reminds legal scholars of the gap between what law pretends to be and the reality of its bureaucratic presence. In so doing, he revisits legal realism, reenergizes it, and bring readers face-to-face with the central issues confronting law at the end of the 20th century
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3 of 3 people found the following review helpful:
5.0 out of 5 stars Shameless deconstructionism, but hey that can be good, March 31, 2002
By 
John Smith (Wilmington, DE USA) - See all my reviews
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This review is from: Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind (Paperback)
Schlag's mission to point out what is wrong with the law and legal academia leaves one wondering if he isn't really a nihilist after all. He does sound at some points like he is just playing the fiddle as Rome burns. This is the frustrating half of postmodernism: the purely deconstructionist process that seems to deny the constructivist process that is inevitably to follow.

Nevertheless, this is one of my favorite books on jurisprudence, because it sharply exposes so many of the fictions that academics, lawyers and judges all engage in, often in a way that is highly entertaining. Schlag's ideas resonate in your head and give a new outlook on society generally, beyond just the law. I think about the essay on "Values" every time I hear the President talk about "the Evil One" in Afghanistan.

One interpretation of "lay down the law" is that Schlag is calling for the culture of law to admit its limitations and become more receptive to, continuous with, and even subservient to other areas of human study. Schlag's real concerns are with form and structure. I suggest as examples: psychologists and economists are presented to the courts as "expert witnesses" to serve the biased ends of litigators, rather than serving the court directly; law review articles regularly engage in normative discourse even while acknowledging that no one is listening, etc. There are areas of law that are becoming increasingly defined by economic and "therapeutic" (as opposed to legal) principles; these changes leave legal academics without much to do except cheer from the sidelines.

Of course, Schlag is getting at a lot more than that. Yet assuming that he's right about our inability to become rational autonomous individuals, why bother complaining about it? (The Tao that can be bitched about is not the true Tao, so to speak.) well, at the very least, one does come away from this book with some good ideas to play with.

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1 of 1 people found the following review helpful:
3.0 out of 5 stars Left with an empty stomach..., May 21, 2001
By 
Taylor Burke (Tulsa, OK United States) - See all my reviews
This review is from: Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind (Paperback)
This series of essays is probably useful to anyone wanting to get a grasp for Schlag, but the Conclusion left me wanting much more. Shlag lists a series of questions that the masses would ask, akin to "what is next in jurisprudence?" His answer is, "Maybe nothing. Maybe what comes next is that we learn to stop treating "law" as something to celebrate, expand, and worship. Maybe, we learn to lay down the law." I have no idea what that last sentence means, and it is never developed. If this is postmodernism, I feel almost compelled to live my life as liberal humanist... at least I can believe in something. He then uses the sentence question as a title for his book... I think that is a tactic he shares with punk bands that name albums after random lyrics. Schlag also throws around the terms "violence", "mysticism", and "fetishism", probably to peek the reader's interest. I'm not sure that those words are very accurate of the situation at hand, and Schlag exemplifies one of the worst traits of the acedemics he is critiquing - - he is writing not out of pure intellectual interest, but rather to gain an audience. Not a bad book, but not a great work of philosophy, either.
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