Document Type

Working Paper

Publication Date

1-9-2016

SSRN Discipline

Legal Scholarship Network; PRN Subject Matter eJournals; Philosophy Research Network; Law School Research Papers - Legal Studies; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Humanities Network; Political Science Network

Abstract

Can lawtalk lull and gull us tricking us into thinking that categories like objective the reasonably prudent man and subjective and the stylized debates that swirl about them really count when in fact they either collapse or appear trivial when viewed from the perspective of cultural power Using cigarette warnings and consenttosex rules as examples this article posits that if we allow ourselves to believe that categories such as these subjective and objective are allimportant we can easily expend a great deal of energy replicating predictable scripted arguments In this way the law turns once progressive people into harmless technocrats

Download

Share

COinS