Nothing to Nail Down
I think that many of my peers in law school are having a grand disagreement with one of the fundamental truths in law school- that there are no fundamental truths.
Yes, there are "rules"- but the rules, due to the ambiguity of the English language have to be interpreted by courts. Which creates exceptions. Which creates more rules. The process begins again, and yet more exceptions and rules are created.
Many of my classmates are determined to know the law cold- which, although a noble endeavor, is nonetheless a quixotic quest. It is as foolhardy a task as memorizing a river- they change everyday.
More importantly, then, is to accept the new ripples (and the likely formation of new ones) with elegance and understanding. The swirl or eddy in and of itself is not tantamount to our learning of law; instead, the forces that caused the new permutation should fill our focus.
I think I've heard every one of my law professors use the term "seamless web" when describing our course of studies. I've dealt with Torts in Civil Procedure and property matters in Contracts. Everything connects in some way to something else; I believe this to be the "light" that so many people wait weeks to see. The compartmentalization of subject matter is merely a matter of efficiency; it would be difficult to teach at all if we tried to teach everything at once.
Come exam time, there will be countless papers that can describe every single element of a tort- yet they will be unable to accurately apply those elements (in a reasonable manner) to an everyday situation. The elements exist in a vacuum, and applying them to extemporaneous events requires a requisite amount of talent and skill.
Knowing the elements is expected by law professors- being able to precisely analyze any given situation based on those elements is what will be rewarded on exams.
Yes, there are "rules"- but the rules, due to the ambiguity of the English language have to be interpreted by courts. Which creates exceptions. Which creates more rules. The process begins again, and yet more exceptions and rules are created.
Many of my classmates are determined to know the law cold- which, although a noble endeavor, is nonetheless a quixotic quest. It is as foolhardy a task as memorizing a river- they change everyday.
More importantly, then, is to accept the new ripples (and the likely formation of new ones) with elegance and understanding. The swirl or eddy in and of itself is not tantamount to our learning of law; instead, the forces that caused the new permutation should fill our focus.
I think I've heard every one of my law professors use the term "seamless web" when describing our course of studies. I've dealt with Torts in Civil Procedure and property matters in Contracts. Everything connects in some way to something else; I believe this to be the "light" that so many people wait weeks to see. The compartmentalization of subject matter is merely a matter of efficiency; it would be difficult to teach at all if we tried to teach everything at once.
Come exam time, there will be countless papers that can describe every single element of a tort- yet they will be unable to accurately apply those elements (in a reasonable manner) to an everyday situation. The elements exist in a vacuum, and applying them to extemporaneous events requires a requisite amount of talent and skill.
Knowing the elements is expected by law professors- being able to precisely analyze any given situation based on those elements is what will be rewarded on exams.
posted by Yorick at 6:38 PM
2 Comments:
you are AMAZING!
mrs. yorick, was that you?
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