| I was going to email Eben to ask if he had any recommendations for books to read over the summer and I realized other people might be interested as well. Hopefully not only Eben, but we all, can post book recommendations here.
-- ElviraKras - 23 May 2012 | |
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I will admit to some ambivalence: I would rather be recommending
reading outside the domain of the law for the first summer after the
beginning of law school. In my view, this is a good time to be
broadening the intellectual and emotional horizon again. Law school,
as we have seen, has many strengths, but its weakness—despite
all the supposed interdisciplinarity of its faculty's
interests—is reductionism. The subject—law's complex role in
society and its entirely human and therefore indeterminate object,
which is justice—is routinely reduced in each doctrinal area to
a few leading propositions, most of them narrowly economic in
outlook. The subjects—that is, you—are reductively
identified, largely as law firm lawyers in training, with an
intermingling of something called "public interest" (though it more
sensibly calls itself "social justice"), for—one
supposes—a kind of moral leavening. This treatment reduces not
only your present, but also your future.
Resisting the reductionism within the framework of the academic
environment of law school is what I've been trying to teach you this
term. Some people like that and some people don't, which is
completely comprehensible. For even those who don't, it's still
useful, in my view, so I don't, as you know, apologize for it in any
context. But it isn't necessarily the project for the next few
weeks. Now is a good time to be getting away from the reductionism
altogether, neither accepting it nor struggling against it. Some of
you will maintain touch with the law this summer by starting to do
some of it. For you, the question isn't so much what you wind up
doing in your first period of apprenticeship, but rather who you
find yourself being in the course of events. Everything that
heightens your self-awareness, that reduces the tendency to slip into
a new social role and take on new values without noticing, will be
valuable for you. If you like reading poetry, now's the time to read
William Carlos Williams. If you like shorter imaginative prose,
maybe the Nocturnes of Kazuo Ishiguro. It's a wonderful time in
life to read Moby Dick if you never have. Or to dip into the
trilogy of collected brief vignettes in New World history by Eduardo
Galleano, collectively called Memory of Fire. Or read any great
ethnography that helps you exoticize the familiar as well as
experience the complexity of human cultural diversity. Doesn't
matter whether it's "true" or "false." Read Coming of Age in Samoa, or The Half-Way Sun, or even The Sword and the Chrysanthemum or The Mountain People. You're not primarily learning
anthropology: you're letting your mind expand again into the real
depth and complexity of the human world.
Some people, on the other hand, will be doing other kinds of work
this summer, or will be far enough away themselves that exoticization
of the familiar is unnecessary, or have tumbled head over heels in
love with law, or for some other reason want to maintain contact. In
this case, too, I still feel the benefit of avoiding rather than
surrendering to the desire for technical, doctrinal content. Even
should you feel that you want to continue staining your dyer's hand,
this is the season to change the composition of the marinade. The
stuff you crammed for exams will soon have disappeared more or less
completely, which is primarily the fault of the whole
examination-based approach to evaluating learning, but secondarily
the result of how you train your memories under its absurd sway. If
that were really what we wanted you to learn, in order to be
effective we'd set you to reinforcing your memory by reading all of
it again.
But that isn't what anybody wants. So they give you some true/false
test on whether you understand their interpretation of the material
you aren't going to hold long term. Keeping you in touch,
intellectually, with your own development as a lawyer over this
summer is not best accomplished by going back over the ground they
ploughed.
If you are interested in criminal law, you might want to read Leo
Katz's quite lovely book, Bad Acts and Guilty Minds: Conundrums of the Criminal Law,
which is chock full of engaging presentations of
theoretical problems. If you are interested in civil procedure or
torts, mass litigation, legal ethics, or what the pursuit of justice
can do to a person, you will find it very rewarding to read Jonathan
Haar's extraordinary A Civil Action.
Maybe you would find it valuable to read Peter Irons'
Courage of Their Convictions, a series of biographies built around
interviews with people who chose to be plaintiffs in some of the
great constitutional "test cases" of the 20th century.
The late Louis Auchincloss spent his life in a large New York law
firm, and he wrote about the kind of institution now entering the
autumn of its life just before the beginning of its high summer. He
was the most thoughtful and realistic writer of literature about the
life of the lawyer in New York until ... well, until the Whitmanesque
achievement that is Larry Joseph's Lawyerland. (You are going to
finish reading the rest of Lawyerland, aren't you?) The post-war
legal powerhouses, and what it meant to be a young lawyer in one of
them, has never been more clearly imagined than in Auchincloss'
The Great World and Timothy Colt. That this "great world" is completely
white and completely male will escape nobody. For this reason
alone—because it shows the human results of several kinds of
very serious struggling in the latter 20th century we are all
supposed now to consider over, unnecessary, maybe somehow misguided
or wrongly led in the
first place—it might be worth taking up for an evening.
If you have time for a big book this summer, consider Richard
Kluger's Simple Justice, which is simply the best history of how we
got to Brown v. Board of Education. Or Taylor Branch's
Parting the Waters: America in the King Years. Because the United
States changed in little more than one generation from a country where
power was wielded exclusively by white Christian men into what we
see, without actually achieving social equality for
African-Americans, we live—as we all know—without
anything resembling a shared understanding of our current condition.
Understanding how and why the United States changed the way it did,
both the triumphs and the disasters of that process, will help you
think about the nature of contemporary American society much more
effectively through the rest of law school.
For a change I'm going to put something of mine on the reading list,
because after a term in which what I do didn't matter very much, it
might start to be relevant, at least for some of you. This is a
policy speech I gave last week in DC, at Freedom2Connect. It's called
Innovation Under Austerity.
There's a transcript for
those who'd rather not spend the time and aren't interested in the Q&A.
I hope these suggestions are useful. If they're not, write to me or post here asking. Otherwise, I leave the business, very confidently, to everyone else.
| | Great topic! I don't know if it's the kind of book you're looking for, but the His Dark Materials series made me cry like a baby.
-- AgnesPetrucione - 23 May 2012 |
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