How to Do Things with Legal Doctrine

Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.

Schlag, Pierre

Griffin, Amy J.

University of Chicago Press

Legal doctrine--the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law--is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the "New Doctrinalists," Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine--focusing especially on those difficult moments where law seems to run out, but legal argument must go on. &nbsp;The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.

Twilight of the American State: An Essay

History

Americas

University of Michigan Press

<div> The sudden emergence of the Trump nation surprised nearly everyone, including&nbsp;journalists, pundits, political consultants, and academics. When Trump won in 2016, his&nbsp;ascendancy was widely viewed as a fluke. Yet time showed it was instead the rise of a&nbsp;movement--angry, militant, revanchist, and unabashedly authoritarian. How did this happen? Twilight of the American State offers a sweeping exploration of&nbsp;how law and legal institutions helped prepare the grounds for this rebellious movement.&nbsp;The controversial argument is that, viewed as a legal matter, the American state is not&nbsp;just a liberal democracy, as most Americans believe. Rather, the American state is&nbsp;composed of an uneasy and unstable combination of different versions of the&nbsp;state--liberal democratic, administered, neoliberal, and dissociative. Each of these&nbsp;versions arose through its own law and legal institutions. Each emerged at different&nbsp;times historically. Each was prompted by deficits in the prior versions. Each has&nbsp;survived displacement by succeeding versions. All remain active in the contemporary&nbsp;moment--creating the political-legal dysfunction America confronts today. Pierre Schlag maps out a big picture view of the tribulations of the American state. The&nbsp;book abjures conventional academic frameworks, sets aside prescriptions for quick&nbsp;fixes, dispenses with lamentations about polarization, and bypasses historical&nbsp;celebrations of the American Spirit. </div>

Twilight of the American State

Mr. David Madden lives in L.A. He's an ordinary man. Every day, he gets up and drives to work. Only he never gets there. Instead, he drives from here to there, from Westwood to Santa Monica, Santa Monica to Venice . . . and so on. It seems he's always just going from point A to point B. Of course, driving from point A to point B--that's pretty much what people do in L.A. But then one day a mishap occurs, a breakdown of sorts, on Santa Monica Boulevard. Soon the media takes notice, and overnight Mr. Madden is transformed into a pioneering cultural figure as his "A-to-B thing" goes viral and becomes the defining issue of our time. Questions are asked, solutions offered, and blame assigned as therapists, academics, police, and lawyers all get involved. Safe to say, no one escapes unscathed in this caustic, irreverent, and hilarious social satire. Pierre Schlag is University Distinguished Professor and Byron R. White Professor of Law at the University of Colorado. He lives in the foothills of Boulder with his wife, the author Elisabeth Hyde. His three children have grown up and escaped relatively unharmed.

American Absurd: A Work of Fiction

Literature & Fiction

Bowen Press

In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century. --Choice, May 1997 Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover. --J. M. Balkin, Lafayette S. Foster Professor, Yale Law School At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law. His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.

Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind (Critical America, 83)

Legal Education

NYU Press

At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law. His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.

Business & Money

Insurance

Against the Law (Constitutional Conflicts)

A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion—an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception.Linked by a persistent inquiry into the nature and identity of “the law,” these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value—that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.

Smith, Steven D.

Campos, Paul F.

Economics

Duke University Press Books

The Enchantment of Reason is a lively critique of American legal thought and the American legal system’s deification of reason. In an attempt to understand the current malaise of American law and the depressed condition of American intellectual life in general, Pierre Schlag diagnoses what he believes is an epidemic of pathological reliance on the principle of reason. Contending that legal thinkers continually fail to recognize the aesthetic and ethical prejudices of rationalism, Schlag creates a genealogy that shows how the call to reason has become a manipulative vehicle of power, faith, and prejudice. In examining the fierce resistance to questioning reason’s primacy, this renowned critic and professor of American law demonstrates how those who use and study the law perpetuate their own methodological blind spots. Claiming that reason has been endowed with a virtually mystical power to organize social life, Schlag unravels the seemingly rational world of judicial opinions, statutes, doctrines, and legal principles. In the process, he paints a shocking—and sure to be controversial—picture of the chaos and, indeed, violence of the American legal tradition.This bold commentary on the irrationality of reason in American law and legal studies will interest not only legal scholars and philosophers but also serious thinkers across a broad disciplinary spectrum.

The Enchantment Of Reason

Criminal Law

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Books by Schlag, Pierre

See the best price to sell, buy, or rent books by Schlag, Pierre. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

How to Do Things with Legal Doctrine

How to Do Things with Legal Doctrine

Twilight of the American State: An Essay

Twilight of the American State

American Absurd: A Work of Fiction

Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind (Critical America, 83)

Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind (Critical America, 83)

Against the Law (Constitutional Conflicts)

Against the Law (Constitutional Conflicts)

The Enchantment Of Reason