ABSTRACT

This chapter focuses on the project of the Law and Literature movement more generally. It focuses on an ongoing exchange among a limited group of scholars—not only on White, often acknowledged as the founder of the Law and Literature movement, but also on classical scholar Martha C. Nussbaum, constitutional law scholar Robin West, and judge and legal scholar Posner, who is both White's counterpart in the Law and Economics movement and the author of Carr v. Allison Gas Turbine Division, the appeals court decision in Carr's favor. The chapter argues that the legacy of the humanities tradition these scholars consciously adopt, whether it is to advocate or to dismiss the potential for a humanities-based approach to legal education, and are embedded in an approach to experience typified by Aristotelian praxis. It describes the ways in which today's common-sense notions of 'practice' differ from Aristotle's understanding of praxis.