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A Lost Episode of “Meeting of the Minds”: Posner, Kelman, Holmes, and Pascal

Published online by Cambridge University Press:  24 April 2015

Paul J. Heald
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Extract

Set: Four wooden high-backed chairs arranged two to each side of a simple oak desk upon which sits a water canister, ashtray, copies of The Hidden God (by Lucien Goldman, Thody Translation 1964), Economic Analysis of Law (by Richard Posner, 3d. Ed. 1986), The Plague (by Albert Camus), Les Lettres Provinciales (by Blaise Pascal), and several volumes of the Supreme Court Reporter.

Scene One: Mr. Allen enters first, carrying a sheaf of photocopied papers, and sits behind the desk. Next enter Mr. Posner, Mr. Pascal, Mr. Holmes, and Mr. Kelman all carrying similar papers. Holmes and Posner take seats to Allen's right; Kelman and Pascal seat themselves to Allen's left.

Mr. Allen: Gentlemen, I would like to thank you for coming. I know that Mr. Pascal has had an especially difficult trip. I myself just flew in from the coast, and boy are my arms tired (polite chuckles from Posner and Kelman).

Type
Research Article
Information
Journal of Law and Religion , Volume 6 , Issue 2 , 1988 , pp. 279 - 295
Copyright
Copyright © Center for the Study of Law and Religion at Emory University 1988

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References

1. In the 1960's and 70's Steve Allen produced occasional television programs featuring panel discussions as they might have occurred among four historical figures who had lived at different times and who had developed insights into a specific problem. The show was called “Meeting of the Minds.” I have borrowed Allen's format in developing this piece— unfortunately his genius is less easy to imitate..

2. 86 Mich. L. Rev. 827 (1988)CrossRefGoogle Scholar.

3. 10 Harv. L. Rev. 457 (1897)CrossRefGoogle Scholar.

4. Kelman, M., A Guide to Critical Legal Studies (1988)Google Scholar.

5. Pascal, B., Pensees (Collier 1960)Google Scholar (Trotter Trans.) The fragments will be cited following the numbering system established by Leon Brunschvieg. Hereinafter, citations will be to fragment with an accompanying number.

6. Goldmann, , The Hidden God, 171Google Scholar.

7. Goldmann, , The Hidden God, 183Google Scholar.

8. Fragment 294, supra note 5.

9. Fragment 385, supra note 5.

10. Fragment 299, supra note 5.

11. Fragment 294, supra note 5.

12. Abrams v. United States, 250 U.S. 616 (1919).

13. Fragment 139, supra note 5.

14. See Posner, , Economic Analysis of Law, 101–05 (3d ed. 1986)Google Scholar.

15. Id. at 101.

16. Levi, E., An Introduction to Legal Reasoning (1949)Google Scholar.

17. Fragment 297, supra note 5.

18. Posner, , Economic Analysis of Law, 25–26, (3d ed. 1986)Google Scholar.