Category: Law and Humanities

5

Why Blawging is Bad For Law

Hello Folks.

I’ve joined Co-Op today from Prawfsblawg. This is by my count the fifth time I’ve introduced myself at a new blog-home. That makes me a bit of an itinerant blogger. It is also pretty ironic, because I generally think that the institution of blogging/blawging threatens to fundamentally disrupt some very valuable aspects of how law is currently organized, administered and transmitted.

To take an example I posted on recently on Prawfs, consider what happens to the common law when the primary sources which form its skeleton — judicial opinions – become the fodder for the entertainment of an audience of millions of eager web-surfers. Yes, I’m talking about you, Howard. It isn’t that How Appealing, and like blawgs, are bad. Indeed, I visit Howard’s blawg every day, and it is an invaluable resource. It is that Howard’s popularity, and the increasing linking of opinions by the MSM-online, provides incentives for judges to write witty, funny, entertaining, short, glib opinions, instead of careful, boring, technically precise ones. That is, to the extent that lower-court judges want to be noticed and profiled by (kind of silly) websites like these, it makes sense to be more like Scalia and Douglas than Souter and Rutledge.

Some might protest: surely federal judges don’t care much about having their opinions widely publicized? They have life tenure, and they care only about not being reversed. But the motivations of federal judges seem to me to be an open question, and I think that if I could somehow chart the growth of funny and media friendly opinions, we’d see a small bump beginning with the introduction of WL and a huge increase in the last five years.

So, why is this bad?

To find out, you’ll have to visit here again, as I will be retuning to this topic soon.

4

Why Orwell’s 1984 Is So Bleak

orwell3a.jpgAccording to this article, the drab and dismal world portrayed in George Orwell’s 1984 was in part influenced by his bouts with illness:

The new study, by John Ross of Caritas St. Elizabeth’s Medical Center in Boston, recounts Orwell’s sickly life. . . .

Orwell was born in India in 1903 as Eric Blair. He suffered multiple bouts of bronchitis and other respiratory ailments, Ross writes. As a young man, Orwell had several episodes of bacterial pneumonia, and also contracted dengue fever while in Burma. He was a heavy smoker, and he suffered fits of coughing from a condition called bronchiectasis. . . .

[D]epressed by his wife’s death, Orwell moved to a windy and damp Scottish island. His health worsened significantly just as he was working on the first draft of “1984,” Ross reports. Fever, weight loss, and night sweats sent him to the hospital, where he underwent “collapse therapy,” a treatment designed to close the dangerous cavities that form in the chests of tuberculosis patients. . . .

“Orwell himself told his friends that 1984 would have been less gloomy had he not been so ill—it was a very dark, disturbing, and pessimistic work,” Ross said. Orwell’s illnesses “made him a better and more empathetic writer, in that his sense of human suffering made his writing more universal.”

I wonder what a less gloomy 1984 would have read like — Brave New World perhaps?