Tuesday, February 03, 2009
Law and...
One of the trends in legal education over the past few decades has been the drift towards favoring scholarship which mixes disciplines-- law and religion, law and sociology, law and philosophy, etc. Top schools now make new hires who more often than not have a Ph.D. in a discipline other than law. These are usually professors of law who have never practiced law or wanted to, but instead went right into a Ph.D. program after getting a law degree (or vice versa).
Though one of my principle mentors was a pioneer in this movement and I love to do cross-disciplinary work, I am not a "law and ___" professor. I'm a lawyer. Not someone who once was a lawyer, but someone who right now represents people in cases, and cares about how that works at the ground level. I'm more happy about the case we won two weeks ago than any article I have ever written. I'm not ashamed to be a lawyer.
That's why, when I work in a cross-discipline, I don't pretend to be an expert in that field. In my book, I make it clear that I am writing as a lawyer, not a theologian- and I relied on real theologians to help me through that side of the analysis. When I teach across disciplines, I don't pretend to be an expert in that field-- instead, I work with someone who really is an expert in that field. This quarter, I will rely on Deanna Toten Beard, an amazing dramaturg; with Blaine McCormick, who always amazes me when we talk about negotiation, and Hulitt Gloer, a preacher and theologian who is respected and even loved by nearly all who come into contact with him. This is better than "law and ___" for both me and my students. For me, I get to learn from these three experts, all of whom are exceptional teachers. For the students, instead of getting one person who is adequate at both law and another field (and perhaps not so adequate at law), they get one person who is an expert in law and a second who is distinguished in that other discipline as a specialty.
Now, I'm looking forward to next quarter!
Interestingly, right after I wrote this, my publisher tipped me off to this review of my book on Beliefnet.com, which reflects what I had just written here...
Comments:
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Interesting post. This is to assume that "disciplines" are disciplined. In other words, that the field of law is hermetically sealed, not permeated by many, many other areas. It also assumes that one can "know" a field, ostensibly in its entirety or working towards its entirety.
I would argue that disciplines are more like fields, but fields without fences. They are rough areas, but quite loosely defined. You develop a depth of knowledge in a particular section of that field, but in order to understand it you need also to venture to other sections, which inevitably -- because of the uncertain borders -- lead you closer toward other fields.
As you move further astray from your original and specialized field, it helps to have friends who spend most of their time in another field, and there is the cross-fertilization you speak of that is so nourishing (when the crops are harvested, to fully abuse the metaphor).
I would argue that disciplines are more like fields, but fields without fences. They are rough areas, but quite loosely defined. You develop a depth of knowledge in a particular section of that field, but in order to understand it you need also to venture to other sections, which inevitably -- because of the uncertain borders -- lead you closer toward other fields.
As you move further astray from your original and specialized field, it helps to have friends who spend most of their time in another field, and there is the cross-fertilization you speak of that is so nourishing (when the crops are harvested, to fully abuse the metaphor).
# posted by 
: 10:50 AM
: 10:50 AM
The field of "law" is so broad and the tasks, jobs, duties of lawyers so varied, that this its almost impossible to say what a lawyer does in one sentence.
Besides, its not true to say that you're just a lawyer. You are a lawyer and a professor.
What makes "the law" interesting to me is that although I have a narrow specialty, the language and the process have applications in many other fields.
Criminal law is pretty foreign to me, though. But the philosophical underpinnings also have roots that branched off over into the commercial law field many centuries ago.
Besides, its not true to say that you're just a lawyer. You are a lawyer and a professor.
What makes "the law" interesting to me is that although I have a narrow specialty, the language and the process have applications in many other fields.
Criminal law is pretty foreign to me, though. But the philosophical underpinnings also have roots that branched off over into the commercial law field many centuries ago.
# posted by : 11:57 AM
: 11:57 AM
Of course, guys, by saying my field is "law," I wasn't claiming a comprehensive understanding of the field! Rather, I know one little part of the law very well. You don't want me setting up your estate, believe me...
Is this photo a knock on your father's position as a prominent figure in the field of law and volleyball?
Don't get all defensive! Someone had to comment. And without the requisite Panda reference there wasn't much to go on!
# posted by : 4:50 PM
: 4:50 PM
Maybe there's hope for a kid to be a law and philosophy professor? I mean, how many students out there are actually interested in the philosophy of criminal law? That's a niche, right?
Only wish I had the grades and smarts to be a professor.
Only wish I had the grades and smarts to be a professor.
Also, I liked the discussion post-review. I'm still waiting on my copy in the mail, but so far things seem to be shaping up well.
Your father is demonstrating the 'art' of talking with his hands. Also known as emphasizing a point of discussion or perhaps art. Or trying to get a word in edge-wise.
Your sister the art of stretching so she can take part in impromptu dancing or kick some butt in the family fun and games.
Marshmallows anyone?
Your sister the art of stretching so she can take part in impromptu dancing or kick some butt in the family fun and games.
Marshmallows anyone?
How did you guys ever construct that net with those big sticks??? That is amazing!!!! I mean don't you need like poles or something?
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