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Legal Profession

Faculty Scholarship

2010

Appellate opinions

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How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon Oct 2010

How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon

Faculty Scholarship

Even if one believes that law is not an autonomous discipline, few would dispute that it is a conservative institution and that its members are trained via a pedagogical method quite different from that of other professions. A central aspect of this training is the case method and — thus — the specialized narrative form that appellate opinions take. This essay examines the case method and suggests ways to crack it open — without discarding it — and thereby achieve one of the goals set forth in the Carnegie Report: namely, to supplement the analytical, rule-based mode of reasoning inherent …