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Can You Talk Like a Lawyer and Still Think Like a Human Being? Mertz's The Language of Law School

Published online by Cambridge University Press:  27 December 2018

Abstract

The last thirty years in anthropology, as well as in linguistics and in many of the other social sciences, have been characterized by a shift in theoretical focus from structure to practice. In The Language of Law School: Learning to “Think Like a Lawyer” (2007), linguistic anthropologist and law professor Elizabeth Mertz has brought this practice perspective to bear on the extraordinary linguistic and cultural venue that is the first‐year law school classroom. In revealing the linguistic realities of teaching new students to “think like a lawyer,” she raises fascinating questions about the relationship between language and thought, the subtle effects of legal education, and the nature of law itself.

Type
Review Essay
Copyright
Copyright © American Bar Foundation, 2009 

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References

References

American Association of Law Schools. 20072008. 2007–2008 AALS Statistical Report on Law Faculty. http://www.aals.org/statistics/2008dlt/gender.html (accessed March 5, 2009).Google Scholar
American Bar Association. 2007. Law School Staff by Gender and Ethnicity. http://www.abanet.org/legaled/statistics/charts/facultyinformationbygender%5B1%5D.pdf (accessed March 5, 2009).Google Scholar
Atkinson, J. Maxwell, and Drew, Paul. 1979. Order in Court. Atlantic Highlands, NJ: Humanities Press.Google Scholar
Bauman, Richard, and Briggs, Charles. 1990. Poetics and Performance as Critical Perspectives on Language and Social Life. Annual Review of Anthropology 19:5988.Google Scholar
Benjamin, G. Andrew H., Kazniak, Alfred, Sales, Bruce, and Shanfield, Stephen. 1986. The Role of Legal Education in Producing Psychological Distress among Law Students. Law & Social Inquiry [formerly American Bar Foundation Research Journal 11 (2): 225–52.Google Scholar
Bird‐David, Nurit. 1997. Economies: A Cultural‐Economic Perspective. International Social Science Journal 49:463–76.Google Scholar
Bourdieu, Pierre. 1977. Outline of a Theory of Practice. Trans. Richard Nice. Cambridge: Cambridge University Press.Google Scholar
Bucholtz, Mary. 1999. “Why Be Normal?”: Language and Identity Practices in a Community of Nerd Girls. Language in Society 28:203–23.Google Scholar
Cazden, Courtney. 1988. Classroom Discourse: The Language of Teaching and Learning. Portsmouth, NH: Heineman.Google Scholar
Clifford, James. 1988. The Predicament of Culture: Twentieth‐Century Ethnography, Literature, and Art. Cambridge, MA: Harvard University Press.Google Scholar
Collins, James. 1996. Socialization to Text: Structure and Contradiction in Schooled Literacy. In Natural Histories of Discourse, ed. Silverstein, Michael and Urban, Greg, 203–28. Chicago: University of Chicago Press.Google Scholar
Conley, John M. 2006. Comment—Power Is as Power Does. Law & Social Inquiry 31 (2): 467–76.Google Scholar
Conley, John M., and O'Barr, William M. 1990. Rules versus Realtionships: The Ethnography of Legal Discourse. Chicago: University of Chicago Press.Google Scholar
Conley, John M., and O'Barr, William M. 2002. Back to the Trobriands: The Enduring Influence of Malinowski's Crime and Custom in Savage Society. Law & Social Inquiry 27 (4): 847–74.Google Scholar
Conley, John M., and O'Barr, William M. 2005. Just Words: Law, Language and Power, 2nd ed. Chicago: University of Chicago Press.Google Scholar
Cook‐Gumperz, Jenny, ed. 1986. Schooling and Literacy: An Unchanging Equation? In The Social Construction of Literacy, 1644. New York: Cambridge University Press.Google Scholar
Duranti, Alessandro. 1997. Linguistic Anthropology. Cambridge: Cambridge University Press.Google Scholar
Galanter, Marc. 1974. Why the “Haves” Come Out Ahead. Law & Society Review 9:95160.Google Scholar
Garfinkel, Harold. 1967. Studies in Ethnomethodology. Englewood Cliffs, NJ: Prentice‐Hall.Google Scholar
Gee, E. G., and Jackson, Donald. 1985. Current Studies of Legal Education: Findings and Recommendations. Journal of Legal Education 32:471505.Google Scholar
Geertz, Clifford. 1973. The Interpretation of Cultures. New York: Basic Books.Google Scholar
Goffman, Erving. 1959. The Presentation of Self in Everyday Life. New York: Anchor Books.Google Scholar
Greenhouse, Carol J. 2005. Hegemony and Hidden Transcripts: The Discursive Arts of Neoliberal Legitimation. American Anthropologist 107 (3): 356–68.Google Scholar
Gumperz, John J., and Levinson, Stephen C., eds. 1996. Introduction: Linguistic Relativity Re‐Examined. In Rethinking Linguistic Relativity, 118. Cambridge: Cambridge University Press.Google Scholar
Halliday, M. A. K., and Hasan, Ruqaiya. 1976. Cohesion in English. London: Longman.Google Scholar
Hirsch, Susan F. 1998. Pronouncing and Persevering: Gender and the Discourses of Disputing in an African Islamic Court. Chicago: University of Chicago Press.Google Scholar
Hudson, R. A. 1996. Sociolinguistics, 2nd ed. Cambridge: Cambridge University Press.Google Scholar
Kennedy, Duncan. 1983. Legal Education and the Reproduction of Hierarchy. New York: New York University Press.Google Scholar
Kottak, Conrad Phillip. 2000. Cultural Anthropology , 8th ed. New York: McGraw‐Hill.Google Scholar
Krupnick, Catherine. 1985. Women and Men in the Classroom: Inequality and Its Remedies. On Teaching and Learning: Journal of the Harvard-Danforth Center 1:1825.Google Scholar
LiPuma, Edward. 1993. Culture and the Concept of Culture in a Theory of Practice. In Bourdieu: Critical Perspectives, ed. Calhoun, Craig, LiPuma, Edward, and Postone, Moishe, 1434. Chicago: University of Chicago Press.Google Scholar
Lewellyn, Karl N. 1991 1930. The Bramble Bush: On Our Law and Its Study. New York: Oceana Publications.Google Scholar
Malinowski, Bronislaw. 1942. A New Instrument for the Interpretation of Law—Especially Primitive. Yale Law Journal 51:1237–54.Google Scholar
Marcus, George E., and Cushman, Dick. 1982. Ethnographies as Texts. Annual Review of Anthropology 11:2569.Google Scholar
Marcus, George E., and Fischer, Michael M. J. 1986. Anthropology as Cultural Critique: An Experimental Moment in the Human Sciences. Chicago: University of Chicago Press.Google Scholar
Matoesian, Gregory M. 1993. Reproducing Rape: Domination through Talk in the Courtroom. Chicago: University of Chicago Press.Google Scholar
Maynard, Douglas. 2003. Bad News, Good News: Conversational Order in Everyday Talk and Clinical Settings. Chicago: University of Chicago Press.Google Scholar
Maynard, Douglas W., and Manzo, John F. 1993. On the Sociology of Justice: Theoretical Notes from an Actual Jury Deliberation. Sociological Theory 11:171–93.Google Scholar
McKinney, Ruth Ann. 2002. Depression and Anxiety in Law Students: Are We Part of the Problem and Can We Be Part of the Solution? Legal Writing 8:229–55.Google Scholar
Mertz, Elizabeth. 1996. Recontextualization as Socialization: Text and Pragmatics in the Law School Classroom. In Natural Histories of Discourse, ed. Silverstein, Michael and Urban, Greg, 229–52. Chicago: University of Chicago Press.Google Scholar
Mertz, Elizabeth. 2007. The Language of Law School: Learning to “Think Like a Lawyer.” Oxford: Oxford University Press.Google Scholar
Neufeld, Adam. 2005. Costs of an Outdated Pedagogy? Study on Gender at Harvard Law School. American University Journal of Gender, Social Policy & Law 13:511–94.Google Scholar
Obeyesekere, Gananath. 1997. The Apotheosis of Captain Cook: European Mythmaking in the Pacific. Princeton, NJ: Princeton University Press.Google Scholar
Ortner, Sherry B. 1984. Theory in Anthropology since the Sixties. Comparative Studies in Society and History 126 (1): 126–66.Google Scholar
The Paper Chase. 1973. Written and directed by James Bridges. Based on the novel by John Jay Osborn, Jr. Produced by Twentieth Century‐Fox.Google Scholar
Philips, Susan. 1982. The Invisible Culture: Communication in Classroom and Community on the Warm Springs Indian Reservation. New York: Longman.Google Scholar
Philips, Susan. 1988. The Language Socialization of Lawyers: Acquiring the “Cant.” In Doing the Ethnography of Schooling: Educational Anthropology in Action, ed. Spindler, George, 176209. Prospect Heights, IL: Waveland.Google Scholar
Rappaport, Roy. 1967. Pigs for the Ancestors. New Haven, CT: Yale University Press.Google Scholar
Roach, Cathaleen A. 1994. A River Runs Through It: Tapping into the Informational Stream to Move Students from Isolation to Autonomy. Arizona Law Review 36:667713.Google Scholar
Ross, Eric B., ed. 1980. Beyond the Myth of Culture: Essays in Cultural Materialism. New York: Academic Press.Google Scholar
Sacks, Harvey, Schegloff, Emmanuel, and Jefferson, Gail. 1974. A Simplest Systematics for the Organization of Turn‐taking in Conversation. Language 50:696735.Google Scholar
Sadker, David, and Sadker, Myra. 1994. Failing at Fairness: How Our Schools Cheat Girls. New York: MacMillan.Google Scholar
Sapir, Edward. 1921. Language: An Introduction to the Study of Speech. New York: Harcourt, Brace and Company.Google Scholar
Sapir, Edward. 1964 1931. Conceptual Categories in Primitive Languages. In Language in Cultural and Society: A Reader in Linguistics and Anthropology, ed. Hymes, Dell, 128–38. New York: Harper and Row.Google Scholar
Sarat, Austin, and Felstiner, William. 1995. Divorce Lawyers and Their Clients. London: Oxford University Press.Google Scholar
Schleef, Debra J. 2006. Managing Elites: Professionalization and Socialization in Law and Business Schools. Lanham, MD: Rowman and Littlefield.Google Scholar
Scott, James C. 1990. Domination and the Arts of Resistance: Hidden Transcripts. New Haven, CT: Yale University Press.Google Scholar
Shearing, Clifford D., and Ericson, Richard V. 1991. Culture as Figurative Action. British Journal of Sociology 42 (4): 481506.Google Scholar
Silverstein, Michael, and Urban, Greg, eds. 1996. The Natural History of Discourse. In Natural Histories of Discourse, 120. Chicago: University of Chicago Press.Google Scholar
Solan, Lawrence M. 1993. The Language of Judges. Chicago: University of Chicago Press.Google Scholar
Stone, Alan. 1971. Legal Education on the Couch. Harvard Law Review 85:392442.Google Scholar
Stuckey, Roy. 2007. Best Practices for Legal Education: A Vision and a Road Map. Columbia, SC: Clinical Legal Education Association.Google Scholar
Sullivan, William M., Colby, Anne, Wegner, Judith Welch, Bond, Lloyd, and Shulman, Lee S. 2007. Educating Lawyers: Preparation for the Profession of Law. San Francisco: Jossey‐Bass.Google Scholar
Sykes, Karen. 2005. Arguing with Anthropology: An Introduction to Critical Theories of the Gift. Abingdon, UK: Routledge.Google Scholar
Travers, Max. 2006. Understanding Talk in Legal Settings: What Law and Society Studies Can Learn from a Conversation Analyst. Law & Social Inquiry 31 (2): 467–76.Google Scholar
Van Dijk, Teun A. 2003. Critical Discourse Analysis. In The Handbook of Discourse Analysis, eds. Schiffrin, Deborah, Tannen, Deborah, and Hamilton, Heidi E., 352–71. Malden, MA: Blackwell Publishing.Google Scholar
Whorf, Benjamin L. 1956 1939. The Relation of Habitual Thought and Behavior to Language. In Language, Thought and Reality: Selected Writings of Benjamin Lee Whorf, ed. Carroll, John B., 134–59. Cambridge, MA: MIT Press.Google Scholar
Whorf, Benjamin L. 1956 1940. Science and Linguistics. In Language, Thought and Reality: Selected Writings of Benjamin Lee Whorf, ed. Carroll, John B., 207–19. Cambridge, MA: MIT Press.Google Scholar
Williams, Patricia. 1991. The Alchemy of Race and Rights: Diary of a Law Professor. Cambridge, MA: Harvard University Press.Google Scholar
Yale Law Women. 20012002. Yale Law School Faculty and Students Speak About Gender: A Report on Faculty‐Student Relations at Yale Law School, 2001–02. http://www.law.yale.edu/news/4285.htm (accessed March 5, 2009).Google Scholar

Cases Cited

Pennoyer v. Neff, 95 U.S. 714 (1877).Google Scholar