Posted by Orin Kerr:
Balkin's Next Round on the Death of Doctrinalism:
http://volokh.com/archives/archive_2007_05_20-2007_05_26.shtml#1180045033
Over at [1]Balkinization, Jack Balkin has another post on the role of
doctrinalism in the legal academy. If you've been following the
thread, this one is a must-read. A taste:
[W]e are still performing the same rhetorical and ritual move that
the realists (and those before and after them) have performed in
the American legal academy forever and ever: we are still trying to
carve out a space for ourselves as real intellectuals, social
scientists, philosophers, or humanists. We do this (and always have
done this) by distancing ourselves from an imagined, more primitive
time of legal scholarship, when our forebears were more slavishly
wedded to following and rationalizing the flow of official legal
materials, without knowing or caring much about how the world
really worked-- a time when legal dinosaurs walked the earth.
References
1.
http://balkin.blogspot.com/2007/05/law-professors-job-casting-out-narrow.html
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