Document Type
Article
Publication Date
1992
Abstract
Sandy is a divided man. On the one hand he is captivated by the notion of the theoretical and the explanatory, an idea that has captivated all of us since the 17th century. For Descartes, for Newton, for Freud, for Marx, for Levinson: theory is the foundation for understanding, and understanding for practice. How do they calculate the attraction among the planets? They apply the inverse square law according to the theories of Newton. How does Freud cure his patients: he explains to them why they've been behaving so peculiarly; he does this by expositing his theory. How does Marx arouse the sleeping masses: he explains to them why they're not rich even though they, not the rich, are the ones working so hard. His explanation is an account of his theory.
This is why Sandy begins by saying: I want to address the question of why I do what I do. For Sandy, this is the foundational question, and he feels no self-consciousness in assuming he can answer it, even though he would be quite dubious if a judge purported to say in an opinion why he had reached a certain decision.
Disciplines
Law | Legal Profession
Recommended Citation
Philip C. Bobbitt,
The Third Man,
63
U. Colo. L. Rev.
415
(1992).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/3720