Law in Contemporary Society

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EducationversusGuidance 7 - 16 Apr 2012 - Main.JohnBarker
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META TOPICPARENT name="Main.RohanGrey"
I found this series of interviews by Alain de Botton directly relevant to our recent discussions regarding our law school experience and the challenges faced during our 1L year and in choosing a career. In particular, I think the second video, with its discussion of the historical superiority of religious institutions over universities in offering genuinely valuable life advice, is particularly interesting in the way it relates education to the idea Eben discussed in class of law being a weak social force. Perhaps it is precisely because religious and cultural institutions provide more valuable life guidance than formal educational programs that they exert such a relatively strong influence over normative social discourse compared to, say, ethicists or political scientists. If that is the case, then De Botton's proposals can be seen as attempts to implant respect for formal education (and the law) in younger generations to the point that their formative influence eventually exceeds countervailing religious and cultural forces. If that is his goal, I believe achieving it requires a far broader review of the politicization of the schooling process beyond the moral/spiritual guidance he emphasizes. Current debates regarding charter schools, high-stakes testing and educational inequality tend to gloss over the surface of what appear to me to be more fundamental and pressing issues - lack of democratic student participation, inequity of access, and the poorly defined role of the state in child welfare. Unless those more fundamental institutional questions are addressed, how can we expect our education system to promote democratically active, tolerant citizens of a global community?
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 Right, I understand. My emphasis on the ineffectiveness of exclusively curricular-focused reform and the inextricability of civil values to personal development is an attempt to move the conversation to the next level. If you're interested, I just came across this fascinating article that looks at these issues within the context of law school, written by Harvard Law's Lani Guinier and our own Susan Sturm.

-- RohanGrey - 16 April 2012

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It's amazing how relevant that article is to this class. I found especially interesting the assertion that "internalizing the culture of competition and conformity desensitizes students to their internal compass" (p. 540) and the further analysis of that comment, that students feel "pressured by the culture to succeed by outperforming others in narrow, prescribed terms" (p. 542). Obviously it is a large part of the reason why "grades are bad" that the competitive framework of law school so much strengthens the "biglaw or bust" culture and makes it much more difficult to take alternate routes.

I like this article because it so comprehensively lays out a lot of the reasons why the law school/biglaw culture isn't what it should be. It scares me to a little bit to see that money becomes the next extrinsic, competition-based reward for continuing to play the game. I am not a terribly creative person, but I still want to feel like i have some autonomy, and this article reinforces the somewhat obvious idea that if you just follow the path you're "supposed" to take, you lack autonomy. Still, my own lack of creativity is worrisome, because I like having things and I have some anxiety that I don't have what it takes to have lots of things if I don't follow the path laid out for me. I'm skeptical about doing well while doing good.

Anyway, my personal feelings about the issues the authors discuss aside, this article is indeed an interesting look at the problems of curricular reform. Adding classes doesn't really change a lot independently of changing the culture and incentive structure of law school because within the confines of the competitive framework it's still very difficult to escape the narrow path. I agreed with the importance of the questions you asked in your original post, but considering them again in light of this new article I think they're especially compelling. If curricular reform doesn't accomplish what reformers wish it to accomplish in law school, perhaps it wouldn't in college either, suggesting that de Botton's emphasis might be misguided.

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Revision 7r7 - 16 Apr 2012 - 20:11:44 - JohnBarker
Revision 6r6 - 16 Apr 2012 - 18:24:55 - RohanGrey
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