Law in Contemporary Society

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CourtneyDoakFirstPaper 6 - 15 Jun 2012 - Main.CourtneyDoak
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 This revelation made me reflect on how to improve our legal system so that it would reflect my childhood conceptions. I posited that the answer was for lawyers and judges to speak and write as if informing a child, as my attorney did for me so many years ago. After all, children do not revere meaningless legal principles – children make outcome-based inquiries and seek functional answers. A shift to this outcome-oriented functionalism was the only way I could see to reconcile the law with my childhood admiration for it.
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While I believe there is merit to my original conclusion, Professor Moglen illuminated the fact that my lawyer was able to convey the workings of the law in a way that carried meaning for a ten-year-old in part because my case was unambiguous: the ‘rightness’ of my wishes was corroborated by the record of my parents’ conduct.
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While I believe there is merit to my original conclusion, Professor Moglen illuminated the fact that my lawyer was able to convey the workings of the law in a way that carried meaning to a ten-year-old in part because my case was unambiguous: the ‘rightness’ of my wishes was corroborated by the record of my parents’ conduct.
 So I sought to explore the application of my epiphany to the full range of legal experiences, to cases involving more complex human affairs, where right and wrong aren’t immediately discernable from the record. On further reflection, I have come to understand that in practice oftentimes it simply won’t be possible to implement functionalism in a manner understandable to a child, as my lawyer was able to do for me.

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Revision 5r5 - 15 May 2012 - 14:30:14 - CourtneyDoak
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