Law & Society Blog

In his latest post, Bloomfield correctly observes the lack of genuine legal substance in the contemporary American legal discourse. The reason for that, I submit, is that unlike civil lawyers, common lawyers are second order observers of the legal discourse, not first order observers. In other words, the lawyer, unlike the judge, is not a […]

If you pick up an American book on legal reasoning, you’ll find more “reasoning” in it than “legal.” There doesn’t seem to be a perception that there is anything genuinely legal about reasoning in the law (except perhaps following the local court rules for submissions). You will find discussions of rhetoric and persuasive arguments, how […]