Sunday, March 11, 2007

Legal Scholarship: No. 8

In discussions of legal scholarship there is sometimes talk of

Law versus Theory
or

Legal Doctrine versus Theory

The disjunction between law and theory is spurious -- at least to the extent that the asserted disjunction is meant as an assertion that a legal scholar must choose between doctrine and theory. It is plain -- common sense suggests -- that a legal scholar can discuss both doctrine and theory.

It occurred to me just yesterday that even the admirable combination of theory and doctrine may be too narrow. Even better is

The Golden Triad

The Golden Triad consists of

Legal Doctrine, Theory & Technology

or, more simply,

Law, Theory & Technology

See The Dynamic Evidence Page

N.B. Ward Edwards once said to a friend of mine that it takes a lot of good theory to make a useful tool. Ward Edwards was a wise man.

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