just how much influence does academic legal theorizing have on the
actual practice of law? You pointed out how Posner's academic work and
his actual legal work are different.
I still have unread copies of HLA Hart lying around.
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I would say, in my experience, that academic theorizing at that level, e.g., What is Meaning and Is it Determinate?, Are there Natural Rights or What?, has no influence whatsoever on judicial decisionmaking.
Academic scholarship in concrete areas of law has real influence, particularly at the appellate level. The more abstract theories of the New Textualists (Justice Scalia, Frank Easterbrook of the 7th Circuit) have had some influence, but those judges and others who admire their work use these theories inconsistently, basically when it suits them. The intermediately abstract theories of economics and law get more use because there are techniques one could apply to real problems.
Hart is actualy quite wonderful. I'm a great admirer of his. I'd read those unread books if I were you.
--Justin Schwartz