“The life of the law has not been logic: it has been experience,” wrote Oliver Wendell Holmes in 1881, laying the foundation for what would become the legal realist movement, and subsequently much of the way we think about, practice, adjudicate, and study the law today. Yet what if the life of the law has been both logic and experience? What if the law has its own structure, taxonomy, and unwaivable principles, which in turn operate to make the world a better place, even in extra-legal terms (economic, social, or otherwise)? This debate, regarding the proper balance between internal and external perspectives on the law, continues to unfold today. In my dissertation—consisting of this Introduction and my first, second, and third scholarly articles—I have set out to bridge the internal and external viewpoints on an area of jurisprudence that, so far, has largely remained on the realist side of the spectrum: corporate law.
Raz, Asaf, "New Perspectives in Corporate Law" (2021). SJD Dissertations. 6.