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Legal Education Commons

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The Catholic University of America, Columbus School of Law

Legal Writing and Research

Jurisprudence

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Full-Text Articles in Legal Education

Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato Jan 2008

Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato

Scholarly Articles and Other Contributions

This article presents a tightly organized and closely reasoned analysis of legal scholarship in the current post-realist era. Secure and well-defined within the formalist legal world of the nineteenth century, the practice of legal scholarship has been profoundly affected by the realist revolution of the early twentieth century and the instrumentalist view of law that now prevails in the twenty-first century. In response, legal scholars have been forced to dramatically alter the focus, the materials and the basic methods of their study. The practice of legal scholarship is currently occupied in a prolonged struggle to adapt to these changes and ...