Law Teachers’ Writing

Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is not between the “theoretical” and “practical,” as Judge Edwards defines these terms, but between work that manifests interest in, and respect for, what lawyers and judges do, and work that does not.