Law in Contemporary Society

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JessicaWirthSecondPaper 6 - 03 Sep 2012 - Main.EbenMoglen
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Eben:

Though I was not initially planning on revising this essay, I have had an enlightening summer and what I've learned felt relevant. I have no expectation that you will be able to provide comments since I didn't originally ask for them; I just felt that I should keep thinking and writing after all.

Thanks,

Jessica

 

International Law as Social Control (or Not)

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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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So you see now why I begin by defining lawyering as "making something happening in society using words." You can learn lawyering, and apply what you know in situations that do not call for or admit of "law." In truth, international law's lawlessness is not deeper than the lawlessness of most microsituations on the street, in business, or in the management of organizations and families. It's just larger.

Law school, from a realist perspective, should be about lawyering, not law. Law is the stuff one learns in the process of lawyering, and law school should teach you how to learn it.

What you are calling "legal training," which I would call "learning how to be a lawyer," is therefore what you want regardless of whose baggage—which we might also call rights, interests, or power—is being sorted through, recognized, forwarded, rifled, discarded, or transformed.

 
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Revision 6r6 - 03 Sep 2012 - 23:25:20 - EbenMoglen
Revision 5r5 - 22 Jun 2012 - 13:26:24 - JessicaWirth
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