Law in Contemporary Society

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DavidHirschFirstPaper 3 - 24 Apr 2012 - Main.EbenMoglen
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 Perhaps the most important possible change would be to create a law school curriculum centered on concrete and continuous reform of the legal system. Reading 18th century case law may or may not teach us to “think like lawyers,” but it strengthens our reliance on legal magic and our ignorance of factors that may doom our clients despite our knowledge of the law.
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The draft is generally coherent, though the concluding paragraph has little to do with anything that precedes it.

Coherence in this case is not economy. The whole of what's here can certainly be put in a paragraph. It requires only to say the obvious about the complex nature of jury charges, the conditions under which they are given, to whom they are given, and the rest of the context. You have a couple of studies only to link to, and you're done.

The remaining space could then be dedicated to the question you don't ask: Given that it is not plausible that jurors actually fully understand jury instructions, and no one thinks it is plausible, we do we do what we do? Given that jurors rarely request readbacks, why do they do what they do? To say, as you wind up doing, that this is somehow a problem with law school makes no sense. Perhaps it is not a problem at all. You haven't really explained in any social sense what's going on, either historically or behaviorally, so it's not a surprise if the reader remains at the end as puzzled as she was at the outset.

 
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Revision 3r3 - 24 Apr 2012 - 00:38:11 - EbenMoglen
Revision 2r2 - 17 Apr 2012 - 17:16:28 - DavidHirsch
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