Action-based jurisprudence

Action-based jurisprudence
- Highlight Loc. 984-89  | Added on Monday, September 19, 2011, 01:59 AM

One of the challenges of both legal theory and legal practice is to move patterns of outcomes in any given legal system toward as close an alignment as possible with the requirements of justice. Legal practice should always be on trial in the court of legal theory, while legal theory should be recognized as insufficient to do justice in any real case. Legal theory and legal practice must therefore persist in a challenging but necessary marriage between distinctive partners if they are to produce the offspring of justice. Used properly, praxeological legal concepts not only boost the clarity of legal theorizing from “the armchair,” they also enhance the ability of practitioners to parse specific cases from “the bench.”