Blackstone's Tower: The English Law School - College of Social ...
Blackstone's Tower: The English Law School - College of Social ...
Blackstone's Tower: The English Law School - College of Social ...
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<strong>The</strong> Quest For a Core<br />
If I am asked what can the discipline <strong>of</strong> law contribute to general<br />
understanding or our intellectual life, I am inclined to adopt a similar<br />
posture to Carroll's. If asked why I would include a law-trained<br />
person in some multi-disciplinary team that was setting out to study<br />
a particular society or to sit on a committee on social science<br />
research, I might well reply: "Why not?" And, at a more abstract<br />
level, it may be wise not to stay for an answer for questions about<br />
the meaning or purpose <strong>of</strong> the pursuit <strong>of</strong> truth.<br />
Some quite mundane reasons could be given to justify such<br />
seeming evasions: what combination <strong>of</strong> knowledge, skills and<br />
experience is likely to be useful for an enquiry or project depends<br />
in large part on the nature and purpose <strong>of</strong> the enterprise; there is<br />
no single prototype <strong>of</strong> "the academic lawyer"; and, as Carroll's<br />
Baker reminds us, individual character may be as important as<br />
occupational skills in determining suitability for a task.<br />
Earlier, I suggested that initial scepticism about the search for a<br />
core or essence <strong>of</strong> the enterprise <strong>of</strong> studying law is justified at a<br />
general level, but that there may sometimes be good reasons, intellectual<br />
or pragmatic, for settling on a canon <strong>of</strong> basic subjects or<br />
concepts or a list <strong>of</strong> fundamental skills or some other "core" for<br />
specific, contingent purposes. If at a general level one finds a<br />
common focus in rules or problem-solving or institutions, for<br />
example, far from identifying what is unique about legal studies,<br />
this illustrates the extent <strong>of</strong> the overlap and the continuities<br />
between legal and other enquiries.<br />
Such mild scepticism is not evasion, if one believes that academic<br />
enquiry is both open-ended in respect <strong>of</strong> purposes and open<br />
to many interpretations. <strong>The</strong> subject-matter <strong>of</strong> law is so wide and<br />
so fluid, and the purposes <strong>of</strong> its study so varied that refusal to give<br />
definitive or reductive general answers is fully justified. But it<br />
would be unsatisfactory, having <strong>of</strong>fered a guided tour <strong>of</strong> my home<br />
ground, if I refused to venture any opinions at all about the value<br />
<strong>of</strong> what is on <strong>of</strong>fer.<br />
One <strong>of</strong> the main themes has been that neither legal education<br />
nor legal scholarship can afford to be self-contained. Throughout<br />
I have emphasised the continuities between law as a subject <strong>of</strong><br />
study and other disciplines and between law as practice and other<br />
practical activities. I have suggested that law as a subject is not as<br />
impenetrable nor as mystifying as it has sometimes appeared, but<br />
rather it is an important part <strong>of</strong> everyday social life. It might be<br />
objected that I have said a good deal about the history, needs and<br />
internal problems <strong>of</strong> law schools, but I have not directly addressed<br />
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