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19 January 2008


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There is an unexplored angle in this discussion. Interdisciplinary studies, being concerned with the interaction of law with other aspects of human existence, are almost inherently more democratic, empathic, populist... while doctrinal scholarship, with its uneasy relationship to formalism, can serve as a short path to fascist "vanguard party" elitism. I find that the more time one spends immersed in real narratives of literature, psychology, or social science, the harder it is to promote a "greater good" over an otherwise obvious moral norm.

To my mind, the law schools are choosing whether to produce citizens or technocrats. Civic virtue requires an understanding of civic culture.

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