9 Then came “Woe Unto You,. Lawyers!”. Rodell knew that it would make every lawyer bristle or snort. ‘By FRED RODELL, Professor of Law, Yale University. Here’s a book you don’t have to buy; the entire text is here, in glorious HTML. It’s Fred Rodell’s “lusty, gusty attack on ‘The Law’ as a curious. This Book Reviews is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for Leo Herzel, Rodell: Woe unto You, Lawyers!, 7 DePaul L. Rev. () You, Lawyers! By FRED RODELL.

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The University of Chicago Press, Why should not the ideas, vitally important to someone as they always are, which are said to lie behind any glob of legal language, be common property, freely available to anyone interested, instead of being the private and secret possession of the legal fraternity?

These are the words of the late Justice Holmes: The problem remains unsettled. Sonya added it May 17, And when the Highest Law of the Land was changed without even changing judges, when the same nine men said that something was constitutional this year lawyyers had been unconstitutional only last year, then even the most credulous of laymen began to wonder a little about the immutability of The Law.

Ordinarily, little disputes of this nature are handled in the state courts.

For every age, a pseudo-intellectual autocracy, guarding the tricks of its trade from the uninitiated, and running, after its own pattern, the civilization of its day. Therefore Ohio is trying to tax land outside Ohio. A home-owner who beats up a trespassing hobo may be a hero in one state and a criminal in another. The difficulty would lie in deciding beforehand what to do and what lawyrs to do, in accordance with the inexorable rules of her personal Law.

Woe Unto You, Lawyers!

The commonest and, by and large, the most effective dodge suggested and used was for the rich man to put his property in trust — which of course only meant giving the property to someone else to keep for him by the use of the proper legal rigmarole — and still to keep several strings on the property himself.

And if it did not, incidentally, consume so much space in the law libraries. It could, moreover, on the theory that each of the promises to pay a thousand dollars was good Consideration for the other one. It is in the form of sub-principle or exception to the primary principle. And a cigarette — or a match, for that matter — can be pretty good Consideration, even for a promise to pay a hundred dollars. There was the time the Court ruled that the clause of the Guffey Coal Act, directing that if part of the Act be declared unconstitutional the rest of the Act should go into effect anyway, meant the exact opposite of what that clause said.


Jerome Hall, Book Review:Woe Unto You, Lawyers! Fred Rodell – PhilPapers

The majority opinion is The Law, the lawers — so much so that even the dissenting judges must accept it, as with Senior v. It has taken a simple phrase of the Constitution which originally had a plain and precise meaning, twisted that phrase out of all recognition, ringed it around with vague general principles found nowhere lawyerss the Constitution, and then pontifically mouthed that phrase and those principles as excuses for throwing out, or majestically upholding, state laws.

Why should not a man who wants to leave his prop Law is a racket and maybe an unjust technique for controlling the world.

In order to demonstrate up to the hilt that the whole of The Law is a hoax, a balloon, a lot of empty words, it would presumably be necessary to take each principle and sub-principle and counter-principle of The Law in turn unyo divest each one of its dazzling legal trappings so that the non-lawyer could see that there was nothing inside any of them. But this same rare member of the profession will probably go on to defend the vast vocabulary of The Law — the Considerations and Malices and Domiciles and all the rest — on the theory that it provides at least a sort of legal shorthand, a convenient medium in which lawyers can talk to each other about wof trade.

Yesterday the lady arose immediately. Legal language, thrown out of the new courtrooms or commission chambers, would serve no possible function in the wording of business documents. A man who will not hesitate to criticize or disagree with a trained economist or an expert in any one of a dozen fields of learning will follow, unquestioning and meek, whatever advice his lawyer gives him.

Also, each piece of land had been soaked for the regular local property taxes, regardless of the fact that a lot of people were making money out of it. Its members are kowtowed to as the cream of the legal profession, steeped not only in the technicalities of legal logic but in the wondrous ways of abstract justice as well. Rred 20 had practically nothing to do with competition or monopolies.

He would literally understand less of what was going on than would any passer-by brought in from the street at random. No keywords specified fix wie. In other words, the whole question of whether a court is going to say there is Consideration or not comes down to a question of whether the court is going to uphold the promise or not. The lawyers have made such a complicated mess out of the word-game they call legal reasoning that any effort to dissect even a tiny part of that reasoning and lawyerss it up for the fake that it is, inevitably makes tough going.


But political science was to them an extremely rodelll topic of discussion, dealing with the extremely practical business of running a government–not, as today, a branch of higher learning reserved for the use of graduate students.

As though, in each case, the legal phrase used were anything more than a circumloquacious statement of the result, rather than a reason for arriving at it. The clothes would astonish him, the electric lights would astonish him, the architecture would astonish him. Fletcher was purely a problem of the proper legal procedure in the federal courts under the federal statute governing such procedure. Not that it deals, ffed do medicine and mechanical engineering, with physical phenomena and instruments which need special words to describe them simply because there are no other words.

Fred Rodell, Woe Unto You, Lawyers,

If this indictment sounds too fted, consider what a member of the Court once had to say about the uses to which his brethren put that little clause of the Fourteenth Amendment. For the Law of Contracts rarely pays attention to surrounding circumstances. And suppose the church was putting on a subscription drive for funds.

The judges were not part of any state government, so they could not come in under the mutual immunity rule.

The denial of what seems desirable can impart a sense of nobility lawters makes the denial proper — and she will indeed feel noble if she gets right up. So in the whole of The Law.

The American colonists had scarcely freed themselves from the nuisances of The Law by practically ostracizing the pre-Revolutionary lawyers out of their communities — a fact knto is little appreciated — when a new and home-made crop of lawyers sprang up to take over the affairs of the baby nation.

Stewart marked it as to-read Apr 05, We find no reason for departing from it. Here is The Law at its best; here are the lawyers at their most distinguished, their most powerful.