Abstract

Legal scholarship, like everything else, is a cultural artifact. As artifact, it can be studied for what its style and substance reveal about the conditions of its production. Yet, because most of the time those who analyze legal scholarship participate in the very culture in which it is embedded, it is often difficult to appreciate legal scholarship as artifact.' The publication of Harry Kalven's A Worthy Tradition: Freedom of Speech in America provides a useful occasion for examining legal scholarship as artifact. The work serves that purpose for two reasons. First, the work is published 14 years after Kalven's death, and its editor has chosen not to bring any of the discussions up to date by dealing with subsequent Supreme Court decisions.2 In many ways, then, one can read the book as a legal historian would; one can see it as a discussion, in times past, of

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