Suchergebnisse

Legal positivists regard law as written texts enacted and disseminated to be followed as rules. But this project rests on deeply mistaken conceptions about how language works. No written text stands alone and conveys a "plain meaning." Law is expressed through language, but language does not exhaust the meaning of the law. Legal language always already draws on the ordinary language of the community, which, in turn, draws on a deeply symbolic realm, which it can never fully subordinate or explain. Rhetoric brings the symbolic substrate to life. Legal actors constantly search for the right words to deliberate with others. There is a resonant world to embrace and experience, but it can never be fully captured, understood, or expressed in our legal texts, which hover precariously above our shared ordinary language, which, in turn, is rooted in constitutive symbols that are sustained through an endless spiral of mediation, translation, and application. Nevertheless, we may reason together in a manner that generates rhetorical knowledge even if legal positivism is a failure.

Education policy provides a fertile ground for analyzing the perennial tug-of-war between interest groups and public officials. Baumgartner considers thirty examples of French education policymaking during the early 1980s using a combination of documentary evidence, interviews with more than 100 politicians, civil servants, members of parliament, union and interest group leaders, and a thorough analysis of press coverage of education topics

Education policy provides a fertile ground for analyzing the perennial tug-of-war between interest groups and public officials. Baumgartner considers thirty examples of French education policymaking during the early 1980s using a combination of documentary evidence, interviews with more than 100 politicians, civil servants, members of parliament, union and interest group leaders, and a thorough analysis of press coverage of education topics.