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Symposium: Stanford Levinson - Legal Realism - the Return of the Oppressed
Created 4 October 1980; Published 30 May 2008
Stanford Levinson gives a talk during the "The Authority of Experts" Symposium held in Fall 1980. His talk is entitled "Legal Realism - The Return of the Oppressed."
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Transcript
The Authority of Experts Symposium
Stanford Levinson - "Legal Realism - The Return of the Oppressed"
October 4, 1980 at 9:00 am
What legitimizes professional authority? This question is the topic of the Symposium. Levinson begins with this question and begins to answer it by discussing the historical roots of legal studies and science, tracing the gradual evolution of these institutions into the legal science we know today. He discusses for a long time the question of whether playing football builds character and how this applies to the legitimacy of the legal profession.
Levinson talks at length about the philosophical basis of legal studies and why it matters in human society, as well as why in the world one would want to go to law school. Levinson draws heavily upon the philosophical writings of Langdell (sp?), frequently referring back to his perspectives in the course of his talk. Levinson also makes similar references to another such legal theorist, one Felix Frankfurter. Levinson's talk is mainly structured around discussion of the theoretical and philosophical bases for legitimacy of legal professionals. He emphasizes the need for increased opportunities for interdisciplinary studies in law school.
With the rise of Hitler in Nazi Germany, Levinson says, there came a need for a restructuring of legal philosophy and a need for departure from "random arguing" in light of the newly elevated levels of political oppression. Levinson talks about several specific cases and their implications for American's legal system, including Roe v. Wade.
(The recording becomes noticeably lower in quality at about 38 minutes. There is also a break of a few seconds at around 53:30. It is somewhat difficult to understand the recording which is why further information is not given in this transcript.)
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- Created 4 October 1980; Published 30 May 2008Symposium: Stanford Levinson - Legal Realism - the Return of the Oppressed
Stanford Levinson gives a talk during the "The Authority of Experts" Symposium held in Fall 1980. His talk is entitled "Legal Realism - The Return of the Oppressed."







