Unit 37: Final Thoughts
Overview:
Law school is as much about learning to engage across differences as it is about mastering doctrine. Many of the cases we explored over the course of the semester illustrate why empathy matters—our initial reactions of moral certainty often overlook the limits of our own experience. Cultivating empathy does not mean abandoning judgment; it means slowing down to understand why someone might act as they did and why someone else might see the law differently. That skill is vital not just for civil discourse but for effective lawyering—knowing the strongest version of the other side’s argument makes you a better advocate for your own.
The doctrines themselves reveal the messiness of law’s effort to impose order on human behavior. Our discussions of homicide showed how legal categories like murder and manslaughter aim to track blameworthiness, yet often strain under unusual facts. Recklessness can sometimes be punished like intentional killing, while necessity or excuse can erase criminal liability altogether. Domestic abuse and self-defense cases expose similar tensions: legal rules demand precision, but fairness often resists clean lines. These ambiguities remind us that law is not a moral code and cannot resolve every question of justice. Outcomes depend not only on statutes but on human actors—prosecutors, judges, juries—whose decisions inevitably involve discretion and judgment.
Law’s authority is not abstract. It is backed by coercion. When compromise fails, law enforces its decisions through the threat or use of force, whether in criminal punishment or civil enforcement. Recognizing this reality should shape how lawyers wield their own power—with humility and care. The stakes of legal interpretation are not theoretical; they determine freedom, safety, and sometimes life itself. For that reason, the best lawyers combine technical skill with a commitment to fairness and humanity. They navigate ambiguity without cynicism, push for principled arguments even when the law is unclear, and engage across divides in ways that strengthen—not erode—the fragile system we all rely on.
Assignment:
Inazu, “Criminal Law and Learning to Disagree (Part II)”
Cover, “Violence and the Word”
Questions for Review:
Q1. Do you agree or disagree with the arguments in these articles? Why?
Q2. How far into “the law” does Cover’s critique extend? Does it implicate your role in the law? Do you care?
Q3. How, if at all, have your views about the criminal law changed over the course of the semester?
Q4. How, if at all, have your views about “the law” changed over the course of the year?