In showing my mother my open memo, I came to a little bit of a realization. I asked if she would like to read it, and she essentially questioned whether she'd be able to understand it. The thing is, the way I was taught, anyone should be able to understand a memo like that. I dismissed that concern and she read it and had no trouble following it.
This made a minor impact as I realized something: the law is not that hard to understand. No, really! We may dive into some complicated, subtle points from time to time, but really most people could read a SCOTUS opinion comprehend the essentials.
The trouble comes with trying to use the law. That's what requires skill, and that's where the real value of legal education comes in.
I've started thinking as the law as a sword. Everyone can look at it and understand in a basic way how it works. Point the sharp end towards someone and go. In many cases, someone who doesn't know how to use it may be able to crudely get it to accomplish their goals, but that will come to naught when that person comes against a true practitioner trained in it's use. That's where the skill comes in, and that's when you see the subtle beauty of the sparring of two skilled weilders of their tools.
I'm a bit of a romantic, so this image really resounds with me.
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Bravo Mackenzie! That's what I've been thinking as well!! It's something that needed to be said.
Thanks. Now that I read it again, though, I grow discouraged because even though I think lots of people could read a SCOTUS opinion, I don't think anybody does. I think it's even more tragic that the law is accessible and people don't take advantage of it.
But most people would rather not pick up a sword eaither. The cognition that someone who has taken years to understand the use of eaither keeps the average person from believing they might just understand.
Well, I think the analogy breaks down right about here.