Diary of a 1L
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Wednesday, February 04, 2004
7:34 AM

What is there left to say at this point? Things are rather routine and repetitive until I hear back about my joint degree proposal and until I send out feelers for a summer job. I guess there's the slow, pretty much imperceptible process of getting really immersed into the law. Professor Foley pointed out that the law is a 100% human subject, made by humans, for humans. So everything that now seems fixed, unchanging, and unchangeable was once chosen by someone. But it gets really hard over time to consider the possibility of having everyone wake up one day and decide to agree to do everything differently. Stare decisis starts to seem just as inevitable as the sun rising every morning, even though the latter is radically more certain.

The law is also filled with convenient fictions and conceits. "Constructive" anything is like that by defintion. The assumption that the Supreme Court, for example, is entirely apolitical is another. We act like there is such a thing as "The Court" and that it can "say" stuff, "do" stuff, "believe" stuff.

I want to read some papers about how the common law is related to evolutionary theory. I know they're out there. That's the kind of cool stuff I would like to write about someday.

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