“Law . . . makes a world”, the motto of this book declares. But the riddle of law is
how law does so! The answer is the major theme of this book: through understanding
and awareness of how lawyers make meaning.Yet this world, thus made, in turn
makes law, and constrains it within its logic and the cultural habits it inculcates. Law
makes the world, is made in the reflection of that world and derives its meaning from
the assimilation of legal subjects (you and me), those who are meant to incarnate
both law and world. Moreover, law sometimes imposes a class structure in the world
it makes—distinguishing between subjects and objects of law. The world law makes
is populated by a diverse and dizzying variety of objects, subjects, aggregations, personalities,
and presumptions whose interactions, constructions, and objectifications
are the stuff of meaning making for lawyers as well.
Law, then, does not merely make the world within which it exits; it does more.
To make a world requires two distinct actions. The first, the usual object of lawyers,
is to fill the world with substance—and lawyers spend their time making meaning of
this substance and sometimes making the substance itself. The second, sometimes
the object of lawyers, and central to the tasks of judges and legislators in their
engagement with law, is the task of making and protecting the boundaries of this
world law makes. Beyond law exist other worlds, sometimes as complex as that of
law, and always in communication with it; these other forms of compulsion—the
“not-law” fields of governance with which lawyers have an increasingly uncertain
relationship include, beyond religious, moral, and ethical “worlds”, the worlds of
psychology, of economics and philosophy. Lawyers make meaning, and a world, by
making law; they also make meaningful boundaries that separate what is allocated
to the law-world and everything else. Lawyers serve the structures within which
meaning is made, but they also subvert those structures as they make meaning. The
legal structures are now stacking side-by-side and atop one another in a world in
which meaning has acquired a global dimension. That last has both broadened and
changed the parameters for meaning making and the toolkit available for lawyers
engaged in their work.