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There is an essential difference between a Law Prof and a judge. A judge has to make practical decisions and does so on behalf of the state or the community. He or she is an arm of the state. Pace those who still believe (as did Montesquieu, albeit wrongly) that separation of powers is possible, the judge is a part of Government. One hopes a part of Government with a personal conscience, but Government none the less.Now the Law Prof is a student of what judges do (Holmes said that was all there was to Law), but is often also a student of what judges ought to do. The writer, a part-time Law Prof, is a "legal naturalist" who believes there are natural principles that exist ouside state legal systems. We can afford to be idealists. Judges have to be politicians nowadays. The two tasks are far apart.
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