9
1 Michael Oakeshott, “The Study of ‘Politics’ in a University: An Essay in Appropriateness,” in Rationalism in Politics and Other Essays (1962; new and expanded ed., 1991), 184, 187–94.
2 The classic statement of this is Friedrich Carl von Savigny’s comments on the Roman jurists:
[T]he action of the jurists, appears at first sight a dependent one, receiving its materials from without. However, by their giving to the materials so presented a scientific form which strives to disclose and perfect the unity dwelling in them, there arises a new organic life which shapes and reacts upon the materials themselves, so that from science as such, a new sort of generation of law incessantly proceeds.
Friedrich Carl von Savigny, System of the Modern Roman Law, tr. William Holloway (1867), 37–38.
3 In Canada this happened relatively recently. The decisive event was the defection of three of Canada’s leading law professors (Cecil A. Wright, Bora Laskin, and John Willis) from the law school operated by the Law Society of Upper Canada and their establishing the modern Faculty of Law at the University of Toronto in 1949. Within a decade, the Law Society of Upper Canada surrendered control of legal education to the universities by recognizing that graduation from a university faculty of law qualified the graduate to enter the profession without penalty. For a description of this “revolution” in Canadian legal education, see C. Ian Kyer and Jerome E. Bickenbach, The Fiercest Debate: Cecil A. Wright, the Benchers, and Legal Education in Ontario 1923–1957 (1987). For a recent discussion, see R. C. B. Risk, “My Continuing Legal Education,” (2005) 55 U. Toronto L.J. 313.
4 Harry T. Edwards, “The Growing Disjunction between Legal Education and the Legal Profession,” (1992) 91 Mich. L. Rev. 34, 41. Judge Edwards’s views are extensively discussed in Symposium, “Legal Education,” (1993) 91 Mich. L. Rev. 1921.
5 This is, for instance, the way Sandy Levinson reads Judge Edwards’s critique; Sanford Levinson, “Judge Edwards’ Indictment of ‘Impractical’ Scholars: The Need for a Bill of Particulars,” (1993) 91 Mich. L. Rev. 2010.
6 Richard A. Posner, The Problems of Jurisprudence (1990), 361.
7 William M. Landes and Richard A. Posner, The Economic Structure of Tort Law (1987), vii.
8 Richard A. Posner, Tort Law: Cases and Economic Analysis (1982), 2.
9 G. W. F. Hegel, The Philosophy of Right, tr. T. M. Knox (1952), s. 201.
10 Landes and Posner, above n. 7, at 229.
11 Ibid.
12 Ibid., at 153.
13 Edwards, above n. 4, at 34.
14 Richard A. Posner, Economic Analysis of Law, 2nd ed. (1977), 143 (emphasis in original).
15 Richard A. Posner, Economic Analysis of Law, 6th ed. (2003), 192.
16 Richard A. Posner, “A Theory of Negligence,” (1972) 1 J. Legal Stud. 29, 48–49, 51.
17 For law as the translation of economic principle, see Landes and Posner, above n. 7, at 23; Posner, above n. 6, at 361.