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California Law Review
Article . 1978 . Peer-reviewed
Data sources: Crossref
https://dx.doi.org/10.15779/z3...
Other literature type . 1978
Data sources: Datacite
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Law as Mask. Legal Ritual and Relevance

Authors: Walter O. Weyrauch;

Law as Mask. Legal Ritual and Relevance

Abstract

Professor John T. Noonan, Jr.,' has shown that some forms of legal reasoning have the potential to dehumanize persons through the use of conceptual "legal masks."2 This striking metaphor puts into question familiar and fundamental aspects of law and legal processes. Professor Noonan presents an eloquent plea, supported by well-chosen illustrations, for greater consideration of persons, not to the exclusion of rules of law, but to overcome the tendency of the legal process to ignore its individual participants. Professor Noonan's insights have great appeal. His criticism may be justifiably leveled at the entire legal system. To carry the discussion one step further, many concepts, whether legal or not, may have the intrinsic capacity of masking human reality. The concepts "fact" and "reality,";for example, are no less amorphous than legal concepts'and are equally amenable to being used as masks, perhaps more so because they appear to be clear. The concept of "property" has been used to enslave people, as Noonan shows, but so have the concepts of "love" and "freedom," and sometimes more effectively. The problem may be insoluble.

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    citations
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    3
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Average
Average
Average
bronze