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Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Faculty Works
For so long as it has been important to know what the law is, the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.
Part I of the paper introduces a holistic approach to medium theory - the idea that methods of communication influence social development and ideology - and applies the theory to the development of legal …
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Faculty Works
Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.
Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …