"Mertz has produced nothing short of a masterpiece in the linguistic anthropology of law and society, one of those rare interdisciplinary efforts that comes along every decade or so. Just as important, the depth of the analysis is matched only by the eloquence of her prose. Her clear writing, coupled with liberal use of data excerpts through out the chapters and the fact that the book is available in an affordable paperback edition, makes The Language of
Law School an attractive text for a number of courses in linguistic anthropology, discourse studies, legal discourse, law and society, and legal socialization at graduate, undergraduate, and professional
levels." --American Anthropologist
"Mertz has produced nothing short of a masterpiece in the linguistic anthropology of law and society, one of those rare interdisciplinary efforts that comes along every decade or so. Just as important, the depth of the analysis is matched only by the eloquence of her prose. Her clear writing, coupled with liberal use of data excerpts through out the chapters and the fact that the book is available in an affordable paperback edition, makes The Language of
Law School an attractive text for a number of courses in linguistic anthropology, discourse studies, legal discourse, law and society, and legal socialization at graduate, undergraduate, and professional
levels." --American Anthropologist

Anyone who has attended law school knows that it invokes an important intellectual transformation, frequently referred to as "learning to think like a lawyer". This process, which forces students to think and talk in radically new and toward different ways about conflicts, is directed by professors in the course of their lectures and examinations, and conducted via spoken and written language. Beth Mertz's book is the first study to truly delve into that language to reveal the complexities of how this process takes place. Mertz bases her linguistic study on tape recordings from her first year Contracts courses in eight different law schools. She knows how all these schools employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead. This move away from moral frameworks is key, she says, arguing that it represents an underlying world view at the core not just of law education, but for better or worse, of the entire US legal system - which, while providing a useful source of legitimacy and a means to process conflict, fails to deal systematically with aspects of fairness and social justice. The latter part of her study shows how differences in race and gender makeup among law students and professors can subtly alter this process. Written within the tradition of anthropological lingustics, Mertz's work - the first to study law school in this sort of detail - will appeal to a wide spectrum of readers interested in the intersection of law, language, and society: sociolinguists; anthropologists; feminist, race, and social theorists, and law professors.
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In this linguistic study of law school education, Mertz shows how law professors employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead.
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I. INTRODUCTION; II. SIMILARITY: LEGAL EPISTEMOLOGY; III. DIFFERENCE: SOCIAL STRUCTURE IN LEGAL PEDAGOGY; IV. CONCLUSION: READING, TALKING, AND "THINKING" LIKE A LAWYER
"Mertz has produced nothing short of a masterpiece in the linguistic anthropology of law and society, one of those rare interdisciplinary efforts that comes along every decade or so. Just as important, the depth of the analysis is matched only by the eloquence of her prose. Her clear writing, coupled with liberal use of data excerpts through out the chapters and the fact that the book is available in an affordable paperback edition, makes The Language of Law School an attractive text for a number of courses in linguistic anthropology, discourse studies, legal discourse, law and society, and legal socialization at graduate, undergraduate, and professional levels." --American Anthropologist "Mertz has produced nothing short of a masterpiece in the linguistic anthropology of law and society, one of those rare interdisciplinary efforts that comes along every decade or so. Just as important, the depth of the analysis is matched only by the eloquence of her prose. Her clear writing, coupled with liberal use of data excerpts through out the chapters and the fact that the book is available in an affordable paperback edition, makes The Language of Law School an attractive text for a number of courses in linguistic anthropology, discourse studies, legal discourse, law and society, and legal socialization at graduate, undergraduate, and professional levels." --American Anthropologist
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Selling point: First study to examine how legal readership is taught through language
Elizabeth Mertz is Senior Researcher, American Bar Foundation and Professor of Law, Wisconsin Law School.
Selling point: First study to examine how legal readership is taught through language

Produktdetaljer

ISBN
9780195183108
Publisert
2007
Utgiver
Vendor
Oxford University Press Inc
Vekt
485 gr
Høyde
235 mm
Bredde
157 mm
Dybde
22 mm
Aldersnivå
UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
336

Forfatter

Biographical note

Elizabeth Mertz is Senior Researcher, American Bar Foundation and Professor of Law, Wisconsin Law School.