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  • 标题:Intellectual Voyeurism in Legal Scholarship
  • 本地全文:下载
  • 作者:Leiter, Brian
  • 期刊名称:Yale Journal of Law & the Humanities
  • 印刷版ISSN:1041-6374
  • 出版年度:2013
  • 卷号:4
  • 期号:1
  • 页码:4
  • 出版社:Yale Law School
  • 摘要:Arguably, the most important general development in legal scholarship over the past two decades has been the remarkable flourishing of interdisciplinary work bringing together law and the humanities and social sciences. The most visible manifestation of this development has been the usurpation of certain traditional doctrinal areas by the law and economics movement; but outside the courts, and in the classrooms and journals, numerous other interdisciplinary movements have made prominent appearances: law and social science; law and literature (or literary theory); constitutional law and philosophy; even law and theology. The fruit of battles waged by Legal Realists more than sixty years ago is now being harvested to an extent quite unparalleled in the history of professional legal education (and in directions the Realists never contemplated). Yet these new developments in legal scholarship have placed unprecedented demands on the legal scholar, for each of the disciplines on which the legal scholar might draw has its own history, tradition, training, and standards. The legal scholar is now called upon to participate in other academic discourses with practitioners who have completed five or more years of graduate study and whose professional lives are devoted to that piece of the intellectual universe. Many law professors, of course, now have advanced training in fields outside law, while many others, though lacking "professional" credentials, still engage usefully and intelligently with other disciplines and intellectual developments. Not surprisingly, though, the dramatic rise in interdisciplinary work has witnessed a considerable amount of sub-standard scholarship. This work likely would not find a home in the professional journals of the associated discipline, but appears all too often in leading law journals. Some of this work surely reflects good efforts gone astray; some reflects unrealistic ambitions for an encounter between law and another discipline; and some even seeks unlikely (and unfortunate) marriages of law with disciplines that are perhaps best excluded from the current trend of interdisciplinary scholarship. More objectionable, however, is another class of sub-standard interdisciplinary work whose most striking feature is what I call its "intellectual voyeurism": superficial and ill-informed treatment of serious ideas, apparently done for intellectual "titillation" or to advertise, in a pretentious way, the "sophistication" of the writer. In these cases, the promising scholarly endeavor of interdisciplinary research becomes a forum for posturing and the misuse of knowledge. In this essay, I want to begin by examining one particularly apt illustration of this latter type of
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