Intellectual History
It is said that William Brennan, the great US Supreme Court Justice, liked to greet his incoming law clerks with a bracingly simple definition of constitutional doctrine: five votes. ›You can’t do anything around here‹, Brennan would say, wiggling the fingers of his hand, ›without five votes.‹1 While memorable, Brennan’s definition was not entirely original. Seventy-five years before Brennan’s elevation to the high court, the jurist Oliver Wendell Holmes Jr. famously wrote: ›The life of the law has not been logic; it has been experience [...]. The law […] cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.‹2 Some years later, Holmes returned to this idea, writing: ›The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.‹3 Statements such as Brennan’s and Holmes’ found elaboration in the American jurisprudential movement known as ›legal realism‹. One of its most influential and articulate exponents was the law professor Karl Llewellyn (1893–1962). Trained at Yale Law School, and on the faculty of Columbia, Llewellyn had a foot in the two institutions most prominently associated with the realist movement.
I first came across Harlan Lane’s work towards the end of my PhD, which I was undertaking at University College London, UK. My dissertation was on the construction of ›difference‹ in the British Empire, particularly the differences ascribed to race and gender. Using nineteenth-century medical missionaries as a way in, I had started to think about differences evoked by health, disability, and the body. In particular, I noted the way in which missionaries used the language of disability as a discourse of racialisation. The African and Indian colonial subjects they encountered were described throughout missionary literature as ›deaf to the Word‹, ›blind to the light‹ and ›too lame‹ to walk alone. I have two d/Deaf cousins, one of whom is the sign language sociolinguist Nick Palfreyman, and around about this time Nick had started to familiarise me with some of the issues surrounding Deaf politics. Becoming interested and wanting to know more, I began to learn British Sign Language (BSL) and contemplate the connections between the historical work I was doing and contemporary struggles of Deaf politics and disability politics (I was particularly interested in DPAC – Disabled People Against Cuts – given the contemporary climate of austerity in the UK). As I did so I became acquainted with the work of Harlan Lane. Here, although acutely aware of my own positionality as a white, British, hearing woman, I have taken up the challenge set by the editors of this special issue to re-read his work twelve years on from my initial encounter with it, using the insights into postcolonial study I have gained through my historical work.