Equivocation

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I have a new favorite equivocal law review article title, discovered while doing Legal Research homework tonight: "Wisconsin's Recreational Use Statute: Towards Sharpening the Picture at the Edges." Note the careful use of "Towards." This is not an article that goes about sharpening edges willy-nilly. No, this is an article that merely moves us in a direction that is closer to sharpening the edges. The following is my imaginative reconstruction of the author's justification for his title:

"The purpose of this article is to move us in the direction of sharpening the edges of Wisconsin's Recreational Use Statute. It is by no means intended to serve as an actual sharpening of those edges; to do so would be a brazen act of jurisprudence. Rather, this article will move us toward a point at which we may, in the fullness of time, decide that it is perhaps wise, after due consideration, to sharpen the edges on the Wisconsin Recreational Use Statute. I make, however, no value judgments about any future decisions made by the academic community. I merely argue that a sharpening of the edges is something that it would perhaps be wise to consider and, if it is deemed to be of merit, pursued with all due deliberateness, though, of course, not in a manner either reckless or incautious.

Some may ask whether this is not too bold. Is it wise to just push us, to draw us, in a sharpening direction? Perhaps it would be most prudent to stay where we are, or move away from sharpening the edges. I urge them to read this article, consider its evidence, and hopefully be persuaded that, yes, a movement in the general direction of sharpening the edges is entirely justified. The evidence I have seen has made me a strong advocate of this position, and I believe such a movement would be both desirable and profitable.

This is not to say that I could not be persuaded otherwise. If I were to be presented with overwhelming evidence that it is not sagacious to move in the direction of sharpening the edges, if, indeed, it is shown that this paper is in error, I would not hesitate to author a mea culpa on the issue, perhaps entitled "Wisconsin's Recreational Use Statute: Moving Away from Sharpening the Edges Back to the Position We Were In With Respect to Sharpening Prior to My Last Paper, or Maybe Even a Few Steps Back, Just to Be Careful." I remain, as always, of an open mind."

1 Comment

I'd like to register a belated, but still appreciative, nod.

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This page contains a single entry by Zach published on October 23, 2005 10:54 PM.

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