1 - In Praise of Great Cases
The Big, the Bad, and the Goodly
Published online by Cambridge University Press: 05 June 2012
Summary
For many, the law appears as an impenetrable thicket of rules and principles. Its origins are considered murky, its personnel are viewed with an odd mix of suspicion and respect, and its application to particular situations seems elusive at best. Much of this popular bemusement is warranted. Lawyers take little effort to make the law as open or available as it could be. Indeed, some lawyers seem intent on making the law as inaccessible and obtuse as it can be. It is not surprising, therefore, that, on encountering the law or trying to appreciate its complexity, many will share Alfred Lord Tennyson's frustration at what appears to be “the lawless science of our law – That codeless myriad of precedent, That wilderness of single instances.” It is an uninviting edifice for the curious citizen.
It is true that understanding the law can be a daunting prospect. Yet behind its professional and often-inscrutable facade, there is much about the law that is as exciting and as stirring as any other area of human endeavor. After all, at its most basic, law is little more than a site at which one group of people attempt to resolve the problems and disputes of others. Although framed in all sorts of off-putting language and occurring in impersonal institutional settings, the legal process is really a rich slice of social life. It offers an illuminating look at one of the more important ways in which society functions. This is especially so about the so-called common law and its great cases.
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- Is Eating People Wrong?Great Legal Cases and How they Shaped the World, pp. 1 - 12Publisher: Cambridge University PressPrint publication year: 2010