Sunday, October 22, 2006
In the post that began the dialogue between David McGowan and me, I talked about the Sarat & Kearns take on law in everyday life, and their description of instrumentalists and constitutivists. David appropriately jabbed me (horrors!) for my snarky reference to law and economics professors as an example of constitutivists, those who see the law as actually shaping society.
For a less Posnerian and more Willistonian-Langdellian constitutivism, see the series of comments to Gordon Smith's Training Business Lawyers over at Conglomerate. I am happy to see that my point is not mere abstraction; there are people in the world who believe that all can be made right with a well-drafted contract. Scriveners of the world, unite! You have nothing to lose but your writer's cramp!