Duellism in modern American jurisprudence

Authors
Citation
Dg. Carlson, Duellism in modern American jurisprudence, COLUMB LAW, 99(7), 1999, pp. 1908-1954
Citations number
123
Categorie Soggetti
Law
Journal title
COLUMBIA LAW REVIEW
ISSN journal
00101958 → ACNP
Volume
99
Issue
7
Year of publication
1999
Pages
1908 - 1954
Database
ISI
SICI code
0010-1958(199911)99:7<1908:DIMAJ>2.0.ZU;2-7
Abstract
In his body of work, most recently exhibited in The Enchantment of Pea son and Laying Down the Law: Mysticism, Fetishism, and the american Legal Mind, Professor Pierre Schlag contends that law fails to signify anything real, and thus, does not exist. From this follows Schlag's pugnacious attach on t he legal practitioner as a distorted subject, the law professor and the jud ge as tools of an oppressive legal bureaucracy, and legal scholarship as a worthless pursuit. In this Review Essay, Professor David Gray Carlson attem pts to vindicate the practice of law and of legal scholarship. Using the pe rspectives of Hegel and Lacan, Carlson shows that while law may have a comp licated relation to justice, law nevertheless exists. With law so defended, Professor Carlson makes the case that we Should not and could not, as Schl ag suggests, "lay down the law.