调和人类学与法学

L. Rosen
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引用次数: 0

摘要

当我考虑上法学院的时候,我去找我读博士的那所大学的一位法学教授谈话。“好吧,罗森先生,”他说,“法学院就是教你如何思考。“我一直在等待另一个结果:思考法律,像律师一样思考。不,他指的是思考。我当时从新泽西州普林斯顿的高等研究院毕业,很谦虚地说,我在他自己的大学读博士的时候,应该也学到了一些东西。在那之后的四十年里,我在几家这样的机构担任兼职法学教授和客座教授,我也偶尔遇到一些法律学者,他们在学术高尚的时候,认为我的人类学证书很古怪,但不足以证明一个人具有法律教育所带来的坚强意志。律师们可能会关注一些其他学科,但是,尽管他们可能已经屈服于经济学的诱惑,并通过一些奇怪的哲学家或历史学家来巩固他们的知识分子自我形象,问题仍然是,为什么法学院仍然倾向于认为人类学几乎完全无关紧要。
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Reconciling Anthropology and Law
When I was thinking of going to law school, I went to speak with a law professor at the university where I had done my PhD. ‘Well, Mr. Rosen,’ he said, ‘the thing about law school is it will teach you how to think.’ I kept waiting for the other shoe to drop: think about law, think like a lawyer. No, he meant think – period. With all due humility, I was at that time coming from the Institute for Advanced Study in Princeton, NJ, and should like to imagine that I had actually learned a few things while doing my doctorate at his own university. In the forty years since, while serving as an adjunct professor of law and visiting professor at several such institutions, I have also encountered the occasional law scholar who, in a moment of academic noblesse oblige, has regarded my anthropology credentials as quaint but insufficient evidence that one has the tough-minded capacity that flows from a legal education. The lawyers may pay some attention to a few other disciplines, but, even though they may have given in to the allure of economics and bolstered their intellectual self-image with the odd philosopher or historian, the question remains why the law schools still tend to regard anthropology as almost entirely irrelevant.
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发文量
6
审稿时长
12 weeks
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