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‘DITTO’: law, pop culture and humanities and the impact of intergenerational interpretative dissonance

Journal Article


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Abstract


  • Building on Julius Stone’s remark that jurisprudence is law’s extroversion (or

    extraversion), this essay explores the consequences that flow from the loss of a shared humanities

    discourse by lawyers. In adapting the concept of extraversion to those things about us in the world,

    the essay considers the finding of an empirical study, Law’s Gens Project, which revealed a profound,

    almost seismic shift in what different generational groupings of lawyers know, based in the

    humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural

    references used in judgments, this project reveals how these cultural markers affect legal

    interpretation. Generational slippages arise when shared humanities discourses are lost. It is thus

    necessary to think about what happens when the texts of law can no longer be read when the arsenal

    needed to read them canonically disappears—that is, when it is no longer possible to read the texts

    as they were intended, not because of any change in legal knowledge in its barest sense, but when

    the humanities discourses needed to decode their meanings are lost.

Publication Date


  • 2012

Citation


  • M. Leiboff, '‘DITTO’: law, pop culture and humanities and the impact of intergenerational interpretative dissonance' (2012) 36 (June) The Australian Feminist Law Journal 145-163.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1633&context=lawpapers

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/621

Number Of Pages


  • 18

Start Page


  • 145

End Page


  • 163

Volume


  • 36

Issue


  • June

Place Of Publication


  • Australia

Abstract


  • Building on Julius Stone’s remark that jurisprudence is law’s extroversion (or

    extraversion), this essay explores the consequences that flow from the loss of a shared humanities

    discourse by lawyers. In adapting the concept of extraversion to those things about us in the world,

    the essay considers the finding of an empirical study, Law’s Gens Project, which revealed a profound,

    almost seismic shift in what different generational groupings of lawyers know, based in the

    humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural

    references used in judgments, this project reveals how these cultural markers affect legal

    interpretation. Generational slippages arise when shared humanities discourses are lost. It is thus

    necessary to think about what happens when the texts of law can no longer be read when the arsenal

    needed to read them canonically disappears—that is, when it is no longer possible to read the texts

    as they were intended, not because of any change in legal knowledge in its barest sense, but when

    the humanities discourses needed to decode their meanings are lost.

Publication Date


  • 2012

Citation


  • M. Leiboff, '‘DITTO’: law, pop culture and humanities and the impact of intergenerational interpretative dissonance' (2012) 36 (June) The Australian Feminist Law Journal 145-163.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1633&context=lawpapers

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/621

Number Of Pages


  • 18

Start Page


  • 145

End Page


  • 163

Volume


  • 36

Issue


  • June

Place Of Publication


  • Australia