Law Quadrangle (formerly Law Quad Notes)


The following article was originally published as a chapter in Professor Vining's latest book, The Authoritative and the Authoritarian, University of Chicago Press, 1986. Reprinted by permission.

How would we go about doing legal analysis if Supreme Court opinions came to resemble the opinions issued by a bureaucratic organization such as the Interstate Commerce Commission? To answer this question we must ask what lawyers think they are doing when they construct an authoritative statement of law. That is a question of methodology - what the method of legal analysis can be said to be - and to understand it fully we must look at the connections and distinctions between lawyers and the practitioners of other disciplines.