¹ For a development of this and other charges, see Melkevik, Bjarne, Pourquoi Étudier La Philosophie du Droit? Quelques Réflexions Sur L'enseignement de la Philosophie du Droit, Colloque SPQ, “Enseigner la philosophie” (1998), available at http://www.reds.msh-paris.fr/communication/textes/mel3.htm. Lledó calls attention to a related problem. See also Juan Antonio Pérez Lledó, Teoría y Práctica en la Enseñanza del Derecho, 5 Revista Sobre Enseñanza Del Derecho 185 (2007). Students often complain that the study of law is too theoretical. Focusing on Spain, Lledó successfully argues how legal education can be theoretical in a bad way, i.e., reproducing the legislator's words, omitting practical consequences of theoretical disputes, emphasizing taxonomical conceptual analysis, and engaging in authentic interpretation of important legal theorists.Google Scholar

² Browne, Denis, Reflections on the Teaching of Jurisprudence, 2 J. Soc'y Pub. Tchrs. L. 79, 79 (1953).Google Scholar

³ See, e.g., Cotterrell, Roger, Pandora's Box: Jurisprudence in Legal Education, 7 Int'l J. Legal Prof. 179, 180 (2000); Csaba Varga, The Philosophy of Teaching Legal Philosophy in Hungary, Iustum Aequum Salutare 165 (2009). This crude generalization is also based on my personal knowledge of different European law schools as well as a brief consultation of a number of legal theory course profiles.Google Scholar

⁴ See Hamson, C. J., The Teaching of Law: Reflections Prompted by the Unesco Inquiry 1950–1952, 2 J. Soc'y Pub. Tchrs. L. 19, 19–20 (1954); Browne, supra note 2; see, e.g., W. Friedmann, Legal Theory and the Practical Lawyer, 5 Mod. L. Rev. 103, 107 (1941).Google Scholar

⁵ L'Enseignement de la Philosophie du Droit (Michel Troper & Françoise Michaut eds., 1997) [hereinafter Troper & Michaut].Google Scholar

⁶ But see Melkevik, , supra note 1, at 2; Cotterrell, supra note 3, at 181; Lledó, supra note 1, at 86; Varga, supra note 3, at 165–66. In the 1970s, Cotterrell & Woodliffe had already noticed “the absence of any public debate in academic circles of the place of jurisprudence in the structure of legal education.” Roger Cotterrell & J. C. Woodliffe, The Teaching of Jurisprudence in British Universities, 13 Soc'y Pub. Tchrs. L. 73, 73 (1975).Google Scholar

⁷ Jurisprudence or Legal Science? A Debate About the Nature of Legal Theory 1 (Sean Coyle & George Pavlakos eds., 2005) [hereinafter Jurisprudence or Legal Science?].Google Scholar

⁸ For example, the Legal Education Review in Australia, the Journal of Legal Education, the Clinical Law Review, and A Journal of Lawyering and Legal Education, all in the U.S., have been very active. The European Journal of Legal Education seems to have ceased to exist in 2008 after publishing only four volumes. Nowadays, the German Law Journal is the outlet that pays more attention to the reform of legal education, e.g., the 2009 special edition, Transnationalising Legal Education. Finally, one should keep in mind four additional reviews: the International Journal of the Legal Profession, the Journal of Commonwealth Law and Legal Education, and the Law Teacher and Legal Studies that replaced the Journal of the Society of Public Teachers of Law in which a number of papers on the teaching of jurisprudence in the UK had appeared.Google Scholar

⁹ For Australia, see Goldring, John, The Place of Legal Theory in the Law School: A Comment, 11 Bull. Austl. Soc‘y Legal Phil. 159 (1987); Charles Sampford & David Wood, The Place of the Legal Theory in the Law School, 11 Bull. Austl. Soc‘y Legal Phil. 98 (1987) [hereinafter Sampford & Wood, The Place of the Legal Theory]; Charles Sampford & David Wood, Legal Theory and Legal Education: The Next Step, 1 Legal Educ. Rev. 107 (1989); Jonathan Crowe, Reasoning from the Ground Up: Some Strategies for Teaching Theory to Law Students, Legal Educ. Rev. 49 (2011). For the U.S., see Leonard L. Baird, A Survey of the Relevance of Legal Training to Law School Graduates, 29 J. Legal Educ. 264 (1978); Duncan Kennedy, Legal Education and the Reproduction of Hierarchy, J. Legal Educ. 591 (1982); Harry T. Edwards, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34 (1992); Harry T. Edwards, Reflections (On Law Review, Legal Education, Law Practice, and My Alma Mater), 100 Mich. L. Rev. 1999 (2002); Jules Coleman, Legal Theory and Legal Practice, 83 Geo. L.J. 2579 (1995); Jean R. Sternlight, Symbiotic Legal Theory and Legal Practice: Advocating a Common Sense Jurisprudence of Law and Practical Applications, 50 U. Miami L. Rev. 707 (1996); Larry E. Ribstein, Practicing Theory: Legal Education for the Twenty-First Century, 96 Iowa L. Rev. 1649 (2011); Ernest J. Weinrib, Can Law Survive Legal Education?, 60 Vand. L. Rev. 401 (2007) [hereinafter Survive Legal Education]; On Philosophy in American Law (Francis J. Mootz III ed., 2009) [hereinafter Mootz].Google Scholar

¹⁰ See Coleman, , supra note 9.Google Scholar

¹¹ Sampford, & Wood, , The Place of the Legal Theory, supra note 9, at 105. See also Varga, supra note 3, at 182. I do not wish to fully evaluate this argument here, but it seems to me that it begs the following question: Why should law be an academic subject instead of a professional one? All around the world, legal education reform has favored expanding skills training (e.g., the spread of clinical legal education). See Richard J. Wilson, Training for Justice: The Global Reach of Clinical Legal Education, 22 Penn St. Int‘l L. Rev. 421 (2004). Because this is not the focus of the present article, see Charles R. Irish, Reflections of an Observer: The International Conference on Legal Education Reform, 24 Wis. Int‘l L.J. 5 (2006); The Internationalization of Law and Legal Education, (Jan Klabbers & Mortimer Sellers eds., 2009) [hereinafter Internationalization].Google Scholar

¹² See Browne, , supra note 2, at 79; Cotterrell, supra note 3, at 182; Crowe, supra note 9, at 9.Google Scholar

¹³ See Troper, & Michaut, , supra note 5. In the common law world, the opinion that, despite all its current problems, legal theory is worthwhile for legal education and practice also seems to prevail. See, e.g., Jurisprudence or Legal Science?, supra note 7; Mootz, supra note 9. But see, e.g., Larry Alexander & Emily Sherwin, Law and Philosophy at Odds, in On Philosophy in American Law 241, 246 (Francis J. Mootz III ed., 2009) (claiming that even if philosophy may be of use to law, individuals may be unable to apply it in real life); Philip Leith & John Morrison, Can Jurisprudence Without Empiricism Ever be a Science?, in Jurisprudence or Legal Science? A Debate about the Nature of Legal Theory 147 (Sean Coyle & George Pavlakos eds., 2005) (arguing that jurisprudence needs to be empirical if it wants to be of interest for legal practice).Google Scholar

¹⁴ See Simon, William H., Visions Of Practice In Legal Thought, 36 Stan. L. Rev. 469, 469–70 (1984). The terms are Simon's, but I employ them here with variations.Google Scholar

¹⁵ Id. at 489.Google Scholar

¹⁶ See, e.g., Coleman, Jules, The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory (2001).Google Scholar

¹⁷ See Simon, , supra note 14.Google Scholar

¹⁸ See Patterson, Dennis, Law and Truth (1999).Google Scholar

¹⁹ Condon, Gene Ann, Comments on You Don't Have to Love the Law to be a Lawyer, 29 Guild Prac. 19, 21 (1972).Google Scholar

²⁰ Philosophical commentary on the nature and character of legal theory, however, is more developed. Recently, Dagan and Kreitner have justified the autonomy of legal theory by distinguishing it from the “law and … ” scholarship and the “law as craft” stance. See Dagan, Hanoch & Kreitner, Roy, The Character of Legal Theory, 96 Cornell L. Rev. 671 (2011). Legal theory has been distinguished between prudentia (practically and normatively oriented) and scientia (inquiring on the essential features of law). See Jurisprudence or Legal Science?, supra note 7. For a normative view of legal analysis, see Roberto Magabeira Unger, What Should Legal Analysis Become? (1996). Unfortunately, these works never discuss concretely the impact of legal theory on legal practice.Google Scholar

²¹ For a micro history of analytic legal philosophy, see Bix, Brian, On Philosophy in American Law: Analytical Legal Philosophy, in On Philosophy in American Law 99 (Francis J. Mootz III ed., 2009). For a critical assessment of the discipline, see Green, Leslie, General Jurisprudence: A 25th Anniversary Essay, 25 Oxford J. Legal Stud. 565 (2005).Google Scholar

²² Marmor, Andrei, On the Limits of Rights, 16 Law & Phil. 1 (2007).Google Scholar

²³ See Hart, H. L. A., The Concept of Law (1994).Google Scholar

²⁴ See Kelsen, Hans, Pure Theory of Law (1978).Google Scholar

²⁵ See Priel, Danny, Farewell to the Exclusive-Inclusive Debate, 25 Oxford J. Legal Stud. 675 (2005).Google Scholar

²⁶ See Raz, Joseph, The Authority of Law: Essays on Law and Morality 180 (2002).Google Scholar

²⁷ See Canaris, Claus-Wilhelm, Pensamento Sistemático e Conceito de Sistema na Ciência do Direito (2008).Google Scholar

²⁸ Leith and Morrison also blame Hart for the unproductive detour of legal theory. See Leith & Morrison, supra note 13. For Schlag's take on Hart, see Schlag, Pierre, Law and Philosophy in the Hyperreal, in On Philosophy in American Law 263 (Francis J. Mootz III ed., 2009).Google Scholar

²⁹ See Hart, , supra note 23, at 220.Google Scholar

³⁰ See Daniels, Detlef Von, The Concept of Law from a Transnational Perspective 105–06 (2010).Google Scholar

³¹ See Culver, Keith & Giudice, Michael, Legality's Borders: An Essay in General Jurisprudence 155 (2010).Google Scholar

³² Vilaça, Guilherme Vasconcelos, Law as Ouroboros (Dec. 17, 2012) (unpublished Ph.D. thesis, European University Institute) (on file with author) [hereinafter Ouroboros].Google Scholar

³³ Internationalization, supra note 11, at 172.Google Scholar

³⁴ Goldmann's legal dogmatics work, which catalogues international legal instruments, is a good example of a theoretical approach guided by legal practical concerns. See Goldmann, Matthias, Inside Relative Normativity: From Sources to Standard Instruments for the Exercise of International Public Authority, 9 German L.J. 1865 (2008). Calliess and Zumbansen's encyclopedic work on a theory of transnational law shows the limits of comprehensive theoretical approaches which do not include a legal practice point of view. See Calliess, Gralf-Peter & Zumbansen, Peer, Rough Consensus and Running Code: A Theory of Transnational Private Law (1st ed. 2010).Google Scholar

³⁵ Smith, Steven D., Jurisprudence: Beyond Extinction, in On Philosophy in American Law 249 (Francis J. Mootz III ed., 2009). Hart's emphasis on the internal point of view as upheld only by legal officials also deprives his jurisprudence of critical bite. Finally, even in the heyday of positivism—when Hart won the debate against Fuller—it remained mysterious how one could make the case that the separation of law and morality was desirable, because it preserved the possibility of criticising positive law from the outside. On the impossibility and meaninglessness of making such a claim, see Liam Murphy, Better to See Law This Way, 83 N.Y.U. L. Rev. 1088 (2008).Google Scholar

³⁶ Dworkin, Ronald, Law's Empire 11 (1986) (assuming that a central task of legal philosophy is “intelligent and constructive criticism of what our judges do”). For a trenchant critique of a jurisprudence modeled after judicial practice, see Schlag, supra note 28, at 263 (“Be intellectually serious. Drop the received scholarly agendas. Forget reflective equilibrium. Ditch the ideal observer. Throw your copy of ‘The Concept of Law’ into a lake and give ‘Law's Empire’ to a homeless person. Also, stop worrying about helping the courts with their various legitimation needs. They don't need you. Really. They'll be just fine.”) It remains unclear, however, how Schlag's jurisprudence contributes to legal practice, albeit he seems to be committed to practically relevant legal theory.Google Scholar

³⁷ The positivist reaction, recognizing that Dworkin was right but that his account did not presuppose a necessary link between law and morality, confirms the sterility of general jurisprudence debates for legal practitioners.Google Scholar

³⁸ Dworkin, , supra note 36, at 3.Google Scholar

³⁹ In the style of Critical Legal Studies.Google Scholar

⁴⁰ Dworkin, , supra note 36.Google Scholar

⁴¹ See Dworkin, Ronald, Rights as Trumps, in Theories of Rights (J. Waldron ed., 1984).Google Scholar

⁴² See Glendon, Mary Ann, Rights Talk: The Impoverishment of Political Discourse (1991).Google Scholar

⁴³ See Guastini, Riccardo, La Sintassi del Diritto 32–33 (G. Giappichelli ed., 2011).Google Scholar

⁴⁴ Douzinas, Costas et al., Is Hermes Hercules' Twin? Hermeneutics and Legal Theory, in Reading Dworkin Critically 138 (Alan Hunt ed., 1992) (emphasis added).Google Scholar

⁴⁵ See Dworkin, , supra note 36, at 12.Google Scholar

⁴⁶ It is interesting to notice that legal theory often assumes that judicial practice is, descriptively, geared towards truth or an equivalent ideal, such as integrity. This understanding seems to be at odds with actual judicial and lawyering practices, especially in common law countries, given its adversarial conception of legal process. See, e.g., Robert A. Kagan, Globalization and Legal Change: The “Americanization” of European Law?, 1 Reg. & Governance 99 (2007); Dennis Patterson, Law and Truth (1999).Google Scholar

⁴⁷ See Lavi, Shai, Turning the Tables on “Law and …”: A Jurisprudential Inquiry into Contemporary Legal Theory, 96 Cornell L. Rev. 811 (2011); Carrie Menkel-Meadow, Taking Law and _____ Really Seriously: Before, During, and After “The Law,” 60 Vand. L. Rev. 555 (2007).Google Scholar

⁴⁸ Ulen, Thomas S., The Impending Train Wreck in Current Legal Education: How We Might Teach Law as the Scientific Study of Social Governance, 6 U. St. Thomas. L.J. 302, 306 (2009) (suggesting that law and economics combinatory study is producing a revolution in legal academy based on “the importation of the scientific method into the study of law,” which, according to the author, leads to a focus on empirical work, traditionally neglected in conventional legal scholarship).Google Scholar

⁴⁹ Richard Posner was the author who perhaps best personified and carried out this two-sided research program. See, e.g., Richard Posner, Economic Analysis of Law (2010). For an economic analysis of civil law, see Claus Ott & Hans-Bernd Schäfer, The Economic Analysis of Civil Law (2005).Google Scholar

⁵⁰ See Posner, , supra note 49.Google Scholar

⁵¹ Notice that efficient breach is hard to justify even from an economic perspective since trust in the institution of contract could break down in the presence of pervasive uncertainty regarding contract performance.Google Scholar

⁵² See Scalise, Ronald J. Jr., Why No “Efficient Breach” in the Civil Law?: A Comparative Assessment of the Doctrine of Efficient Breach of Contract, 55 Am. J. Comp. L. 721 (2007).Google Scholar

⁵³ Schroeder, Jeanne L., Just So Stories: Posnerian Economic Methodology (Cardozo Law Sch. Pub. Law Working Paper No. 013, 2000), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=229874.Google Scholar

⁵⁴ See Scalise, Jr., supra note 52; Kenneth Glenn Dau-Schmidt & Carmen L. Brun, Lost in Translation: The Economic Analysis of Law in the United States and Europe, 44 Colum. J. Transnat'l L. 602 (2006); and Nuno Garoupa & Thomas S. Ulen, The Market for Legal Innovation: Law and Economics in Europe and the United States, 59 Ala. L. Rev. 1555 (2008). This is no mere civil law idiosyncrasy. For the common law world, see generally Schroeder, supra note 53; Charles Fried, Contract as a Promise: A Theory of Contractual Obligation (1981) (upholding the moral idea of “contract as promise”).Google Scholar

⁵⁵ It is somehow dismaying that the most recent law and economics textbook for civil law countries ignores the relationship of law and economics and legal practice in Europe. See Mackaay, Ejan, Law and Economics for Civil Law Systems (2013).Google Scholar

⁵⁶ See Survive Legal Education, supra note 9, at 407.Google Scholar

⁵⁷ See id. Google Scholar

⁵⁸ See Coleman, , supra note 16.Google Scholar

⁵⁹ See Survive Legal Education, supra note 9, at 406–07.Google Scholar

⁶⁰ Id. at 411.Google Scholar

⁶¹ Kennedy, Duncan, Legal Formalism, in 13 International Encyclopedia of the Social & Behavioral Sciences 8634–38 (N. J. Smelser & P. B. Baltes eds., 2001), http://duncankennedy.net/documents/Legal%20Formalism.pdf.Google Scholar

⁶² See Michaels, Ralf, American Law (United States), in Elgar Encyclopedia of Comparative Law 66, 71–73 (Jan M. Smits ed., 2006).Google Scholar

⁶³ This may be due to the lack of early codified bodies of law. See Scalise, supra note 52, at 756–57 (“Thus, when faced with a breach of contract case judges are free to write in a theory of efficient breach as the next chapter in the novel.”).Google Scholar

⁶⁴ See Merryman, John Henry & Rogelio Pérez Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America (2007); Scalise, supra note 52, at 755.Google Scholar

⁶⁵ An altogether different issue is the fact that law and economics impregnates the logics of some of our legal institutions. For example, economic considerations are pervasive within the managerial discourse used to justify the move towards alternative dispute resolution mechanisms or plea-bargaining arrangements. See Ouroboros, supra note 32.Google Scholar

⁶⁶ See Garoupa, Nuno, The Politicization of Kelsenian Constitutional Courts: Empirical Evidence, in Empirical Studies of Judicial Systems 149 (K. C. Huang ed., 2008).Google Scholar

⁶⁷ This may help to explain Hirschl's empirical argument, according to which social rights adjudication fares much worse than liberal rights adjudication. And this is despite the fact that social rights are increasingly recognized in many constitutional orders. See generally Ran Hirschl, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (2007).Google Scholar

⁶⁸ I know this is a controversial point, and it is not the purpose of the paper to articulate fully my views on the issue of the objectivity of law. Following Patterson's account, I maintain that any legal practitioner that is competent in the practice of law will know that some claims cannot be made. See generally Patterson, supra note 46.Google Scholar

⁶⁹ See, e.g., Ward, Ian, Law and Literature: Possibilities and Perspectives (1995).Google Scholar

⁷⁰ See, e.g., Levinson, Sanford & Balkin, J. M., Law, Music, and Other Performing Arts, 139 U. Pa. L. Rev. 1597 (1991).Google Scholar

⁷¹ I should make clear that it is not my intention to denigrate these legal theory schools. My own Ph.D. thesis and much of my research deals with abstract and philosophical (legal) sources, using poetic titles and inspiration from a range of different academic disciplines. I restate that my purpose in this article is twofold. First, it is time to acknowledge that most legal theory has little to offer legal practice. Second, legal theorists need to rise to the challenge of showing connections to legal practice as well as to justify their teaching of legal theory. Both claims have to be read in the context of teaching legal theory. I believe it should be up to each academic to decide what to research.Google Scholar

⁷² Douzinas, Costas & Gearey, Adam, Critical Jurisprudence: The Political Philosophy of Justice (2005).Google Scholar

⁷³ Gearey, Adam, Law and Aesthetics 125 (2001).Google Scholar

⁷⁴ See Bourdieu, Pierre, The Force of Law: Toward a Sociology of the Juridical Field, 38 Hastings L.J. 814, 818–19 (1987).Google Scholar

⁷⁵ A debate similar in content is taking place concerning the role of literature in ethics, a much less institutionalized and positivized practice than law. See Nussbaum, Martha C., Exactly and Responsibly: A Defense of Ethical Criticism, in Mapping the Ethical Turn: A Reader in Ethics, Culture, and Literary Theory 59 (T.F. Davis & K. Womack eds., 2001).Google Scholar

⁷⁶ See Vilaça, Guilherme Vasconcelos, Badiou's Ethics: A Return to Ideal Theory, 3 Badiou Stud. 271 (2014), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2415726.Google Scholar

⁷⁷ See generally Kinkley, Jeffrey C., Chinese Justice, the Fiction: Law and Literature in Modern China (2000) (discussing the use of crime narrative to denounce the Chinese socialist legal system).Google Scholar

⁷⁸ Shakespeare, William, The Merchant of Venice act 4, sc. 1 (M. M. Mahood ed., Cambridge U. Press 2d ed. 2003) (1598).Google Scholar

⁷⁹ Two sources conflate this distinction. See Flores, Imer, The Struggle for Legal Philosophy (vis-à-vis Legal Education): Methods and Problems, 5 Mex. L. Rev. 125 (2012); see also Alternative Methods in Education of Philosophy of Law and the Importance of Legal Philosophy in the Legal Education (Imer Flores & Gulriz Uygur eds., 2010).Google Scholar

⁸⁰ Balkin, Jack & Levinson, Stanford, Law and the Humanities: An Uneasy Relationship, 18 Yale J.L & Human. 155, 185 (2006).Google Scholar

⁸¹ Rawls, John, A Theory of Justice (1999).Google Scholar

⁸² Habermas, Jürgen, Between Facts and Norms (2008).Google Scholar

⁸³ See id. at 253.Google Scholar

⁸⁴ See Marmor, Andrei, On the Limits of Rights, 16 Law & Phil. 1 (1997).Google Scholar

⁸⁵ See Gabel, Peter & Harris, Paul, Building Power and Breaking Images: Critical Legal Theory and the Practice of Law, 11 N.Y. Rev. L. & Soc. Theory 369 (1983).Google Scholar

⁸⁶ See White, James Boyd, Law Teachers' Writing, 91 Mich. L. Rev. 1970, 1970 (1993).Google Scholar

⁸⁷ See Hirschl, Ran, Towards Juristocracy (2007).Google Scholar

⁸⁸ I am oversimplifying things. Different jurisdictions work with distinct objects of constitutional review.Google Scholar

⁸⁹ There is important variation among legal orders. For example, judicial review and rights-talk is not as prominent in some Scandinavian countries. See, e.g., Ran Hirschl, The Nordic Counternarrative: Democracy, Human Development, and Judicial Review, 9 Int'l J. Const. L. 449 (2011), http://icon.oxfordjournals.org/content/9/2/449.full.pdf.Google Scholar

⁹⁰ Alexy, Robert, Constitutional Rights, Balancing, and Rationality, 16 Ratio Juris 131, 136–37 (2003).Google Scholar

⁹¹ See Cohen-Eliya, Moshe & Porat, Iddo, American Balancing and German Proportionality: The Historical Origins, 8 Int'l J. Const. L. 263, 269–70 (2010), http://icon.oxfordjournals.org/content/8/2/263.full.pdf.Google Scholar

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⁹³ It is hard to understand why, given the described developments in positive law, normative legal theory insists on talking about the good in isolation from established constitutional values. See West, Robin, Towards Normative Jurisprudence, in On Philosophy in American Law 55 (Francis J. Mootz III ed., 2009).Google Scholar

⁹⁴ See Cause Lawyering and the State in a Global Era (Austin Sarat & Stuart Scheingold eds., 2001).Google Scholar

⁹⁵ See Sweet, Alec Stone, Governing with Judges: Constitutional Politics in Europe (2000).Google Scholar

⁹⁶ Transnational law's impact on legal curricula across the world has been widely discussed even though it is difficult to understand what exactly is transnational law and why all the hype around it. For a critical view, see Valcke, Catherine, Global Legal Teaching, 54 J. Legal Educ. 160 (2004) (emphasizing that first we need to determine the goals we want to pursue through the subject). On transnational legal education, see T. Alexander Aleinikoff, Law in a Global Context: Georgetown's Innovative First Year Program, 24 Penn St. Int'l L. Rev. 825, 825– 27 (2006); Duncan Bentley & John Wade, Special Methods and Tools of Educating the Transnational Lawyer, 55 J. Legal Educ. 479 (2005); Simon Chesterman, The Evolution of Legal Education: Internationalization, Transnationalization, Globalization, 10 German L.J. 877 (2009); Efrén Rivera-Ramos, Educating the Transnational Lawyer: An Integrated Approach, 55 J. Legal Educ. 534 (2005).Google Scholar

⁹⁷ Weinstein, Janet, Coming of Age: Recognizing the Importance of Interdisciplinary Education in Law Practice, 74 Wash. L. Rev. 319 (1999) (arguing that lawyers currently have to address many non-legal questions and only an interdisciplinary education and a holistic approach to legal problems can prepare them adequately).Google Scholar

⁹⁸ John Flood Megalawyering In the Global Order: The Cultural, Social and Economic Transformation of Global Legal Practice, 3 Int'l J. Leg. Prof. 169, 190 (1996).Google Scholar

⁹⁹ Quack, Sigrid, Legal Professionals and Transnational Law-Making: A Case of Distributed Agency, 14 J. Leadership Org. Stud. 643, 646 (2007).Google Scholar

¹⁰⁰ See Ewald, William, Comparative Justice (I): What Was it Like to Try a Rat?, 143 U. Pa. L. Rev. 1889, 1896 (1995).Google Scholar

¹⁰¹ Scheuerman, William E., Globalization and the Fate of Law, in Recrafting the Rule of Law: The Limits of Legal Order 243 (David Dyzenhaus ed., 1999) (suggesting that this uncertain legal landscape will last because it actually favors the current capitalist and entrepreneurial model's need for “flexible rules”).Google Scholar

¹⁰² See Quack, , supra note 99.Google Scholar

¹⁰³ Dedek, Helge & Mestral, Armand De, Born to be Wild: The ‘Trans-systemic’ Programme at McGill and the De-Nationalization of Legal Education, 10 German L.J. 889 (2009).Google Scholar

¹⁰⁴ Recently, the European Commission announced the intention to have fifty percent of legal practitioners in the European Union attending European judicial training by 2020. See Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM (2011) 551 final (Sept. 13, 2011), http://ec.europa.eu/justice/criminal/files/2011-551-judicial-training_en.pdf.Google Scholar

¹⁰⁵ See Michel de S.-O.-l'E. Lasser, Judicial Transformations: The Rights Revolution in the Courts of Europe 1–3 (2009).Google Scholar

¹⁰⁶ Case C-6/90, Francovich and Bonifaci v. Italy, 1991 E.C.R. I-5357.Google Scholar

¹⁰⁷ See Ouroboros, supra note 32.Google Scholar

¹⁰⁸ Fennelly, Nial, Legal Interpretation at the European Court of Justice, 20 Fordham Int'l L.J. 656, 664 (1996).Google Scholar

¹⁰⁹ Case C-370/12, Pringle v. Government of Ireland, Ireland and the Attorney General, (Nov. 27, 2012), http://curia.europa.eu/.Google Scholar

¹¹⁰ See Craig, Paul, Pringle: Legal Reasoning, Text, and Teleology, 20 Maastricht J. Eur. & Comp. L. 3 (2013).Google Scholar

¹¹¹ Id. at 10 (emphasis added).Google Scholar

¹¹² Dawson, Mark, How Does the European Court of Justice Reason?: A Review Essay on the Legal Reasoning of the European Court of Justice, 20 Eur. L.J. 423 (2014).Google Scholar

¹¹³ For two recent exceptions, see Maxeiner, James R., Integrating Practical Trainng and Professional Legal Education, in The Internationalization of Law and Legal Education 37 (J. Klabbers & M. Sellers eds., 2009); Ulen, supra note 48. See also Harold D. Lasswell & Myres S. McDougal, Legal Education and Public Policy: Professional Training in the Public Interest, 52 Yale L.J. 203 (1943). Notice that Ulen's argument and Lasswell & McDougal's argument are much more radical than mine, because they justify legal education on the basis of advances in legal science and a normative view of what lawyers should do, without necessarily relating it to the needs of actual legal practice.Google Scholar

¹¹⁴ For a similar assumption in the U.S., see generally Susan Echaore-Mcdavid, Career Opportunities in Law and the Legal Industry iv (2007).Google Scholar

¹¹⁵ I am not suggesting that these professions will crowd out classical legal careers but am calling attention to the fact that if the law degree educates students interested in a broad range of careers, then it should also become more responsive to changes in the skills required by such professions.Google Scholar

¹¹⁶ See Simon, , supra note 14, at 492–93. Regarding European law, see Flood, supra note 98, at 192 (discussing how lawyers often have to engage in “non-legal activities” such as lobbying in order to both influence law-making according to their clients' interest and be able to understand the point of view of European institutions on existing law).Google Scholar

¹¹⁷ Flood, , supra note 98, at 170.Google Scholar

¹¹⁸ This gap justifies many critiques of EU competition law by economists who find, for instance, the pursuit of social justice or the political protection of small businesses and enterprises to be unjustified on efficiency grounds.Google Scholar

¹¹⁹ The link between careers and education allows me to evade a critique that can be made of Ulen. See Ulen, supra note 48. Let me remedy this omission. He argues that legal education needs to be more theoretical in order to catch up with the most recent developments in legal research. But this is a seriously biased argument that assumes that legal education and the faculty composition of law schools ought to follow developments, whichever they are, in legal science. In this way, legal education trains students irrespective of the demands of legal practice and thus, contra Ulen, the disjunction between education and practice may widen. Ulen's argument reveals two unjustified assumptions: (1) That law should be studied as an empirical science; and, (2) that practice should not necessarily co-determine university education. Ulen's thesis also omits the fact that most law professors of elite American law schools have little practical experience and little influence outside those universities. See Cappalli, Richard B., The Disappearance of Legal Method, 70 Temp. L. Rev. 393 (1997).Google Scholar

¹²⁰ Cf. Susskind, Richard, The Future of Law: Facing the Challenges of Information Technology (1996) (suggesting the market for legal services is changing due to technology and pressure from other markets and forcing lawyers to start acquiring a whole new set of skills and functions), with Larry E. Ribstein, Practicing Theory: Legal Education for the Twenty-first Century, 96 Iowa L. Rev. 1649 (2011) (offering a more condensed account). These authors further the idea that legal practice and what counts as a legal professional is changing and this needs to be factored in legal education.Google Scholar

¹²¹ See Regulatory Impact Assessment: Towards Better Regulation? (Colin Kirkpatrick & David Parker eds., 2007).Google Scholar

¹²² Adler, Matthew D. & Posner, Eric A., Rethinking Cost-Benefit Analysis, 9–10 (Harvard Law Sch. John M. Olin Ctr. for Law, Economics, & Business, Working Paper No. 72, 1999).Google Scholar

¹²³ See Viscusi, W. Kip, The New Cigarette Paternalism, 25 Reg. 58, 62 (2002), http://object.cato.org/sites/cato.org/files/serials/files/regulation/2005/12/v25n4-13.pdf.Google Scholar

¹²⁴ See id. Google Scholar

¹²⁵ See Halpin, Andrew, Law, Theory, and Practice: Conflicting Perspectives?, 7 Int'l J. Leg. Prof. 205, 218 (2001).Google Scholar

¹²⁶ It is important to dispel the idea that academics do not need to justify what they do. See, e.g., Stefan Collini, What are Universities For? (2012) (arguing in favor of humanities or non-technical education in universities). See also Ribstein, supra note 9, at 1651 (suggesting that legal academics have been very successful in teaching what they choose).Google Scholar

¹²⁷ See Ulen, , supra note 48, at 326.Google Scholar

¹²⁸ See Hand, Learned, Have the Bench and Bar Anything to Contribute to the Teaching of Law?, 24 Mich. L. Rev. 466 (1926).Google Scholar

¹²⁹ See Flores, , supra note 79, at 131.Google Scholar

¹³⁰ See, e.g., Latour, Bruno, The Making of the Law: An Ethnography of the Conseil d' État (2010).Google Scholar

¹³¹ See Toulmin, Stephen et al., An Introduction to Reasoning (1984); Neil MacCormick, Rhetoric and the Rule of Law (2005). For a philosophical articulation of the view that knowing the law consists in following the forms of argument recognized in the practice of law, see Patterson, supra note 18.Google Scholar

¹³² Joined Cases C-402/05 P & C-415/05 P, Yassin Abdullah Kadi & Al Barakaat Int'l Found. v. Council & Commission, 2008 E.C.R. I-6351.Google Scholar

¹³³ Varga, , supra note 3, at 170.Google Scholar

¹³⁴ See Cavalla, Francesco, La Verità Dimenticata Attualità dei Presocratici Dopo La Secolarizzazione (1996).Google Scholar

¹³⁵ See, e.g., Cotterrell, , supra note 3, at 182.Google Scholar

¹³⁶ See Williams, Bernard, Ethics and the Limits of Philosophy (2006).Google Scholar