LLB290 Chapter Notes - Chapter 1: Extraversion And Introversion
Legal Theories:
Chapter 1 – Legal Theory in The Age of Google:
Few lawyers are aware of legal theories yet it is central to what they do
Courts do not appreciate this lack of awareness
‘Whether we admit it or not, we constantly filer our reading of law, its rules and principles
through our experiences, prejudices and strangely enough, the generational grouping to which
we belong’
1.30: LEGALWORLD
oLaw, as a defined set of rules and principles will be interpreted through the eyes of the
reader
o‘…case law only represents the extremes of the human condition.’ (pg 6)
oLEGALWORLD example: without legal theory and human interpretation of the law, it would
become a rigid and unfair system
oAustin and Hart both acknowledged that law does not exist independently and sits with
social rules or moral concepts
o‘The best lawyers are those who question received wisdom. They are the ones who look
beyond the words of the texts… keep their minds open to new thoughts… and are always
alert to law’s abiding mission as an instrument of justice…’ – Kirby J, ‘Law and Justice in
Australia: Room for Improvement’ (pg 8)
oNLDB subconsciously affects interpretation of the law
1.50: Analprudence: analysis + jurisprudence
1.60: Introversion and Extroversion:
oIntroversion: used by extraverts
Most conventional jurisprudence theory
Preferred by lawyers as it always laws to be interpreted internally, which favours
objectivity
But reduces and removes human experience from the application of law
Introversion and analprudence involve the same way of thinking
oExtraversion: used by introverts
oTWO CATEGORIES OF LEGAL THEORIES:
i. Conventional legal theories (introvert)
ii. Non-conventional legal theories (extravert)
iii. AND, critical theories and non-conventional theories (introvert) (less relevant)
oLegal theory one endorses usually reflects their thinking styles
1.80: Introversion and the Loss of Shared NLDB:
oDiffering course structures cause significant changes in lawyers NLDB
This is natural and unavoidable – occurs as time passes
oMarrett’s study showed evidence to suggest that there have been significant societal
changes in the way things are done, but this has not been reflected in the law
o‘The Age of Google continues the Enlightenment ideal in the form of a self-oriented
individual, but that individual now does not share the disciplinary grounding on which law
has historically been based…’ (pg 17)
oa shared NLDB is necessary to a certain extent
1.110: Legal Theory in the Age of Google:
oLaw cannot be understood simply
oToo much temptation for law to be handed down automatically
oReactions to anything are dependent on our NLDB, never predictable
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Chapter 1 legal theory in the age of google: Few lawyers are aware of legal theories yet it is central to what they do. Courts do not appreciate this lack of awareness. Whether we admit it or not, we constantly filer our reading of law, its rules and principles through our experiences, prejudices and strangely enough, the generational grouping to which we belong". They are the ones who look beyond the words of the texts keep their minds open to new thoughts and are always alert to law"s abiding mission as an instrument of justice " kirby j, law and justice in. Australia: room for improvement" (pg 8: nldb subconsciously affects interpretation of the law. 1. 60: introversion and extroversion: introversion: used by extraverts. Preferred by lawyers as it always laws to be interpreted internally, which favours objectivity. But reduces and removes human experience from the application of law.
