The Paradox of Hierarchy – or Why We Always Choose the Tools of the Master’s House
Introduction
Many of our students come to law school believing law is the vehicle through which they can accomplish beneficial social change. By the end of law school, many of these same students are completely disenchanted and disengaged, or entirely resigned to and submerged within the status quo. As Professor Pierre Schlag has observed, law students’ disenchantment is due in great measure to the way that law professors teach legal doctrine. In my interpretation of Schlag’s description, teachers of law reaffirm hierarchy through reverence for the case method and the homogenizing/centralizing forms of thought it inspires and, in a performative manner, entice students to enact a doctrinal world view. Though this centralizing effect occurs through law teaching and legal doctrine, it is also reflected in general social norms.
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