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JoseMirandaProject 4 - 22 Oct 2017 - Main.EbenMoglen
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-- JoseMiranda - 15 Oct 2017 | | | INTRODUCTION
Contemporary legal education primarily teaches students how to "think like a lawyer" and present balanced and formulaic arguments as to why a judge or court "got it right" or not. | |
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< | The conventional law school curriculum is devoid of historical and cultural context. It reproduces deeply entrenched hierarchies of the corporate welfare state and depoliticizes thousands of thinkers every year. [1]. It is no surprise, therefore, that major achievements in legal, political, and philosophical thought embodied by the American Revolution are lost on most lawyers. [2]. There are certainly many, and in this essay I intend to expound on those related to moral culpability. Ultimately, I hope to do precisely what lawyers of the Revolution did for Americans in the eighteenth century -- challenge the human imagination. The Revolution, after all, | >
> | The conventional law school curriculum is devoid of historical and cultural context. It reproduces deeply entrenched hierarchies of the corporate welfare state and depoliticizes thousands of thinkers every year. It is no surprise, therefore, that major achievements in legal, political, and philosophical thought embodied by the American Revolution are lost on most lawyers. [2]. There are certainly many, and in this essay I intend to expound on those related to moral culpability. Ultimately, I hope to do precisely what lawyers of the Revolution did for Americans in the eighteenth century -- challenge the human imagination. The Revolution, after all,
Notes
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| | | "was not merely a protest against British taxation. It was not merely the movement for independence that followed that protest...It was much more...it was a revolution because it challenged the human imagination and because Americans responded to [it] as they have never responded to any subsequent challenge in our history." [3]. | | | REFERENCES | |
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< | [1] See Kennedy, Duncan. "Legal Education and the Reproduction of Hierarchy." 1982. | | | [2] This is a shame for many reasons, not the least of which is that lawyers played key leadership roles in the Revolution. They articulated the cause as one based upon the British Constitution, citing Edward Coke, late Chief Justice of England, and others as authority. They analyzed British law to anticipate British backlash, which helped to prepare the American people in their strategy. And, lawyers forged the American Union and created and organized state governments, which served to maintain a Rule of Law upon the collapse of British sovereignty. See Boden, Robert F., "The Colonial Bar in the American Revolution," 1976. | | |
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An excellent draft.
We should discuss at office hours, at your convenience, how to
continue its improvement. There are some evident avenues for
further reading, but beyond that we will do better by discussion
than by announcement on my part. This is very much your work, and
we should not "direct" it as a history project if that means losing
any part of that individuality.
One minor point on execution: it is easier to make footnotes than
your resourceful but somewhat fragile markup. Not keeping callout
and note together risks getting the references crossed when changes
are made, so this wiki is equipped with the FootNotePlugin to
make things as easy as enclosing the footnote in double curly braces
right after the callout. I gave you one example above.
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