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When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is entrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.
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| $99.99 | Digital |
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Seth Godin
reviewed The Path of the Law: Learning, Understanding, and Mastering the Law on February 23, 2008
The Path of the Law
This is actually a Law Review article that must have been published in book format later. I found it on Dailylit.com - a website that e-mails you segments of books everyday so you can read a book even if you don't think you have time. They have a ton of old classics for free (because they are now in the public domain) but new books you can purchase to read. I chose to read this one as my first book because it was short (only 10 installments) and I thought that would be a good way to try the website out. It wasn't until I got the first installment that I realized it was really just a Law Review article - I'm not sure why this disappointed me - maybe its because I work with Law Review articles every day.
Anyway, the article was fine- just your typical hard to read theory based explanation of the law that doesn't really get you anywhere. It was like Holmes was just talking to himself - I'm not quite sure what the point was. I mean, he talked about how people should separate morality from the law (meaning that we shouldn't think in moral terms when we are thinking about law - not that the law shouldn't espouse moral values) and he talked about how history shapes the law (meaning often the seemingly pointless and arbitrary laws are really leftovers from old old laws used to have meaning and significant purpose but don't anymore - and he questioned the sense in doing that). It's all legal theory, but he only breifly touches on any substantial legal theory and does so by example only. It's like the theory of theory of law.
Hey, I know what he wrote is really smart - but I'm just not into THAT MUCH theory.
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