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In other words, the man who is born into existence deals first with language; this is a given. He is even caught in it before his birth. — Jacques Lacan

The life of the law has not been logic; it has been experience — Oliver Wendell Holmes, Jr.

Laypeople are often fascinated by the law — fascinated, and also horrified. Unsatisfactory outcomes, of which there are not a small number, are almost the least of their objections. They are frustrated by the law’s obfuscations and its inwardness, and they resent the condescension of lawyers. Lawyers, in turn, are frustrated by how much laypeople miss in their account of the culture of the courts — how much, in short, they don’t know they don’t know.

The law serves a crucial public function, but the courts often appear to operate in ignorance of that function. This is why intelligent lay commentary on the law is important. Laypeople see things that lawyers have stopped seeing and raise issues that lawyers have assumed away or given up as intractable. Their commentary aerates a closed system. Occasionally it even embarrasses the legal profession into reform. More… “Balloon Meets Pin”

Jonathan Clarke is a lawyer and critic living in Brooklyn.

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