John Calvin Jones
2007-03-15 | Give the author Feedback | Digg This!
Legal Training, Legal Mind
When I was in law school, professors always extolled the virtues of “thinking like a lawyer.” What they meant by that, in the abstract, was that one could argue either side of an issue. As part of a mere academic exercise, designed to prepare one to operate in an adversarial system, supposedly we need people who know the rules of evidence, law, and so forth, who can act as advocates for others without this special (esoteric) legal knowledge. But in a practical and real world sense, the idea of “thinking like a lawyer” is usually about dogma and unthinking – sheer obedience.
A brilliant legal mind is not one of rigor – instead it is one fully trained in double-think. A Double-think is not just some fantasy of Orwell, but a process that occurs everyday within the Kafka-like world of American courts. Like any alter boy who can tell you that God changed his mind about eating meat on Fridays, or the command that priests be celibate, or a Mormon who knows that God has seen the light so NOW those children of Cain (you know, they have that dark skin so they can be more easily identified as children of the first murderer), may enter the temple in Salt Lake – but they still cannot head the church, a good law student, and consequently the best federal judges, tolerate and ignore contradictions that do not serve the master (either the professor, the President or Congress).
Joys and Ills of Dogma
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