Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Legal Education
The Convergence Of Analogical And Dialectic Imaginations In Legal Discourse, Linda H. Edwards
The Convergence Of Analogical And Dialectic Imaginations In Legal Discourse, Linda H. Edwards
Scholarly Works
The dialogue over the role of narrative in the making and interpreting of law and in legal practice is often stalemated by confusion about the complex relationships between narrative and other forms of legal reasoning. Are narrative and rules opposing methods for interpretation and persuasion? Does narrative theory assert that lawyers can win cases by presenting a sympathetic story, without regard for the governing rule of law? If so, it is no wonder that conversations about narrative theory are so difficult.
This article explores the relationship between narrative and other forms of legal interpretation and persuasion. It relies on David …
Symbiotic Legal Theory And Legal Practice: Advocating A Common Sense Jurisprudence Of Law And Practical Applications, Jean R. Sternlight
Symbiotic Legal Theory And Legal Practice: Advocating A Common Sense Jurisprudence Of Law And Practical Applications, Jean R. Sternlight
Scholarly Works
Lawyers and legal academics are waging a fierce war over the soul of legal education in the United States. The various battles in this war include disputes over the proper emphasis on teaching versus scholarship; the need for clinical, practical, or transaction-oriented education versus the need for theoretical education; and the need for traditional doctrinal work versus the need for interdisciplinary or more liberal arts-oriented education within law schools. The war also plays itself out in discussions over law school hiring and tenure decisions.
In this Article I urge that practice and even the most abstract theory are complementary, not …