Tuesday, October 2, 2007

Advice to Law Journals: Part 10

Rembrandt Continuing in our series on advice to law journals:

10    approach skeptically pieces that reject wholesale accepted wisdom

I read a lot of pieces that seek to remake the world.  And, while that is a noble goal, those pieces are hard to carry off well.  So, approach them skeptically, but realize that sometimes people succeed in remaking the world.  So you may be reading the next Transformation of American Law, Death of the Irreparable Injury Rule, Commodity & Propriety: Competing Visions of Property in American Legal Thought, "Two Views of the Cathedral," or "Property, Utility and Fairness: Comments on the Foundations of Just Compensation Law" (works that rejected in whole or part conventional wisdom).  And even pieces that reject wholesale wisdom and are not very successful at it may get a lot of attention.

Endnote:  The illustration needs a little explanation.  I had a hard time finding a public domain image of a skeptic, so I thought that I'd use Rembrandt's sketch of Abraham Entertaining the Angels.  Sarah, you may recall, was a skeptic.  Thanks to our friends at the National Gallery for the image.

Alfred L. Brophy


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