Divergent Paths

Richard A. Posner

27 citations0/0 files storedHarvard University Press eBooks

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Judicial and Constitutional Studies Legal processes and jurisprudence Comparative constitutional jurisprudence studies

Abstract

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

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2017Habitus, doxa, and saga: applications of Bourdieu’s theory of practice to organizational history 2016Judicial decision-making and ‘outside’ extra-legal knowledge: breaking down silos

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