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Toward Humanistic Theories Of Legal Justice, Robin West
Toward Humanistic Theories Of Legal Justice, Robin West
Georgetown Law Faculty Publications and Other Works
In an oft-quoted aside, Justice Holmes once remarked that when lawyers in his courtroom make appeal to justice, he stops listening: such appeals do nothing but signal that the lawyer has neither the facts nor law on his side, or worse, that he is ignorant of whatever law might be relevant.' Holmes's remark has not gone unheeded. Holmes's legacy, in part, is precisely this lapse: we don't have, or teach, a guiding theory of legal justice, nor do we have, or teach, a family of competing theories of legal justice, that might inform our work in law, at least as …
Economic Man And Literary Woman: One Contrast, Robin West
Economic Man And Literary Woman: One Contrast, Robin West
Georgetown Law Faculty Publications and Other Works
The law and literature movement has been with us long enough that it is now possible to speak seriously of a "literary analysis of law," just as it has become possible, and even standard, to speak of an "economic analysis of law." It is also standard, of course, to speak of that abstract character who has emerged from the economic analysis of law: "economic man." In these brief comments, I want to offer one contrast of the "economic man" that emerges from economic legal analysis with the "literary person" that is beginning to emerge from literary legal analysis. I will …