Law in Contemporary Society
As I was reading the Internet this morning, I came across a post on the Daily Dish that articulated some concerns about reading and thinking that have also come up in LCS class discussions, albeit briefly.

The point of the post is that technology is causing people to read and think differently, and likely for the worse. I am reminded of Eben's comments about how poor reading skills represent "a societal fail." He mentioned television and push media, but also the outsize reading assignments of law school.

How we think

My own experience is that push media and oversize reading loads can be barriers to reading and thinking well. I think the "drinking from a firehose" metaphor is apt for 1L year, and that the challenge is exacerbated where there are also other streams of inputs constantly flowing as well. I think technology takes a situation that is already suboptimal and makes it worse. Push media normalizes the fragmentation of our attention and impedes sustained thought. On a national level, I am horrified to read news reports quoting politicians' 140 character, misspelled, ungrammatical "tweets" about this or that issue du jour.

What we think

I think this is a relatively banal observation, although I think that the problem is under-discussed compared to its gravity. It also seems difficult to tell what to do about it. But I think there's another important dimension here: impacts on what we think about.

I think one effect of the size of 1L reading assignments is that pushes, structurally, towards substantively orthodox legal thinking. If the goal is to wade through 60 pages and quickly identify takeaways, there's no time to consider first principles or alternative approaches. I am reminded of Noam Chomsky's argument about the political ramifications of the requirement for "concision" on the part of guests on television shows: heterodox arguments require more elaboration and evidence, since they are not built on propositions already assumed by the audience, so enforcing concision ends up enforcing conventional thinking.

I'd be interested to hear others' thoughts about how technology, in conjunction with the size of our reading assignments, affects reading and thinking - and also what might be done about it.

-- DevinMcDougall - 07 Mar 2010

I agree that technology causes people to read and think differently, however, I'm not sure it is for the worse.

On the whole, I agree with Eben's viewpoint that television is one of the main culprits of "poor reading skills." But, I think it is too facile to think that television and other things are universally bad. I remember reading this book by a pop-Science author Steven Johnson called Everything Bad is Good For You, " where he argues (rather speculatively at some points) that modern television shows actually help us comprehend complex narratives (see "multiple threading") and develop portions of the brain responsible for multitasking. I left the book at home so I can't really go into more detail. But I'll have it in less than a week if you want to borrow it.

To the more substantive point here: Yes. 1L reading assignments do push us toward substantive orthodox thinking. I see a drastic difference in the way I behave during days when I read and days when I'm not reading. And, I feel like law school in its form and structure is built to stifle creativity and crush our limbic system. My thought is that it has something to do with the way lawyers and judges write which is often, but not always, very dry and verbose.

For example, I feel like on this Moot Court Brief we are being encouraged to do absolutely nothing creative. What can be done about it? I'm not sure. I think Eben's course offers one good answer: listen to music. It stimulates completely different parts of the brain. Music always puts me in a more creative (and often better) mood when Law School drags me down.

-- MatthewZorn - 07 Mar 2010

 

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r4 - 07 Mar 2010 - 15:05:41 - MatthewZorn
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