Law in Contemporary Society

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ChristopherBuerger-FirstPaper 3 - 12 Feb 2008 - Main.ChristopherBuerger
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Fitzgerald's measure of intelligence;;
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 -- By ChristopherBuerger - 09 Feb 2008
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Intro- F. Scott's Fitzgerald's quote on intelligence and its application to legal thinking

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Introduction

Most of us grew up during a time in which society's views on intelligence were completely redefined. Standardized tests were called into question, and and researchers (perhaps most notably: Howard Gardner]]) started to speak of different kinds of intelligence. But as budding lawyers, what kind of intelligence are we seeking? The different messages we are receiving as first year law students point me to a specific test for intelligence that, if rudimentary, is perhaps useful to think of as we approach both specific legal problems as well as ideas of how to shape our future careers. This "test" was thought of not by psychologist, but novelist, and it is not part of the modern redefinition of cognitive ability, but was rather asserted over 70 years ago. It was F. Scott Fitzgerald who is credited with saying, "The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function." It is the thesis of this paper that Fitzgerald's idea of intelligence is a major part of effective lawyering in the short term and also in the long term.
 

Section I- The importance of holding opposing ideas for effective lawyering in the short term

Subsection A Relating Legal Realism, Holmes, and the malleability of law


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Revision 2r2 - 11 Feb 2008 - 19:21:03 - ChristopherBuerger
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