ABSTRACT

The combination of lofty aspiration and crass reality can also be found throughout legal education. Like the intense ambivalence about law common in society generally, the contradictions and tensions that bloom in the hothouse of legal education are rooted in the fact that legal methods and legal authority are overextended. Triumphant in modern society, law has outstripped its intellectual and psychological moorings. Hans A. Linde's combination of the academic and judicial, therefore, stands as an arresting counterpoint to the trend in legal education away from practicality and the related trend in the practicing bar away from intellectualism. Legal realists who want the Constitution applied wisely under modern conditions face a dilemma. If courts are consistent in their reasoning, they risk costly and oppressive outcomes. By overemphasizing the role of courts and their immediate impact on real-world conditions, realists exaggerate the problems associated with the ideal of consistency.