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390 Chapter 16
Secondly, as we have contended, law by its very nature requires an
integration of theory and practice. As such, both adjudication and
academic writing involve these two elements. It is true that judging has its
own particularities and will be focused very much on reaching a practical
result in a concrete case on the basis of sound legal justification. Academics
are free to theorise without the constraints of having to reach such a result.
The emphasis in adjudication is thus on the practical implications of a
judgment, whilst the focus of academic writing is more squarely upon the
theoretical dimensions involved. The emphasis in these two domains is thus
different. The power dimension is also important: whilst the decisions of
judges give rise to enforceable consequences, academic writing usually
does not have such immediate consequences.
When we understand the model of legal reasoning along the lines of
Rawlsian reflective equilibrium, it becomes evident that academics and judges
have a mutually reinforcing role. Judges, whilst focusing on the concrete
results of their decisions, place constraints on the theories that may develop
and provide academics with a concrete judgment against which to test their
theoretical constructions. Academics on the other hand are able to take a
wider view than judges, to situate concrete cases in light of broader doctrines
and theories and to point out inconsistencies and flaws in those concrete
cases. We thus agree with Woolman that the role of academics may lead to
a better practice of adjudication. Yet, the relationship is one that goes both
ways. The backwards and forwards movement between academics and
judges provides an engagement that can help avoid ungrounded theory whilst
eschewing blind practice. In light of this understanding, engagements
between academics and judges should be welcomed as each brings their
distinctive emphasis to bear in advancing and improving the legal enterprise
itself. The integration between theory and practice in law is thus reflected in
the various elements of the legal profession. Both academics and judges are
central to the enterprise of developing a legal system focused on achieving
justice for all.