Legal Realism Explains Nothing
Washington University Jurisprudence Review, Vol. 1, pp. 1-20, 2009
16 Pages Posted: 1 Oct 2010
Date Written: September 29, 2010
Abstract
I argue that American legal realism as derived from Oliver Wendell Holmes's prediction theory of law was misinterpreted, and that a deeper examination of law-as-prediction might help to reduce the pathology of judicial lawmaking that has been the unfortunate consequence of legal realism.
Keywords: Legal Realism, Prediction Theory of Law, Judicial Decisions, Oliver Wendell Holmes
JEL Classification: K10, K19, K30, K40
Suggested Citation: Suggested Citation
D'Amato, Anthony, Legal Realism Explains Nothing (September 29, 2010). Washington University Jurisprudence Review, Vol. 1, pp. 1-20, 2009, Northwestern Public Law Research Paper No. 10-54, Available at SSRN: https://ssrn.com/abstract=1684754
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