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WILLIAM A. KAPLIN
come first, followed by further comments about justice.
V. Further Comments on Law
Law does not exist in a vacuum and should not be studied or applied in
a vacuum. Law provides the essential building blocks for our governmen-
tal structures; it is an essential part of our social fabric; it serves as the
predominant instrument for peacefully resolving conflict. Law, then, is to
be understood in a broader context, an interdisciplinary context. Bob Bickel
frequently quotes Benjamin Cardozo for a brief encapsulation of this notion:
Logic, and history, and custom, and utility, and the accepted
standards of right conduct are the forces which singly or in
combination shape the progress of the law
.
4
Similarly, law is to be understood in terms of its interrelationships with pol-
icy. These interconnections may be described as follows:
There is an overarching distinction between law and policy, and
thus between legal issues and policy issues, that informs the
work of . . . lawyers [and policymakers]. In brief, legal issues
are stated and analyzed using the norms and principles of the
legal system, resulting in conclusions and advice on what the
law requires or permits in a given circumstance. Policy issues,
in comparison, are stated and analyzed using norms and prin-
ciples of administration and management, the social sciences
. . . , the physical sciences . . . , ethics, and other relevant disci-
plines; the resulting conclusions and advice focus on the best
4 B
ENJAMIN
C
ARDOZO
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112 (1921).
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