The Effect of Legal Theories on Judicial Decisions

D'Amato, Anthony

Abstract

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The Effect of Legal Theories on Judicial Decisions

Anthony D'Amato

Northwestern University - School of Law

1999

Chicago-Kent Law Review, Vol. 74, No. 2, 1999
Northwestern Public Law Research Paper No. 10-51

Abstract:
I draw a distinction in the beginning of this essay between judicial decision-making and a judge's decision-making. To persuade a judge, we should try to discover what her theories are. Across a range of theories, I offered well-known case examples typically cited as examples of each theory. Then I showed that the exact same theory used to justify or explain those case results could be used to justify or explain the opposite result in each of those cases.

Number of Pages in PDF File: 12

Keywords: legal theory, judicial decisions, Speluncean Explorers

JEL Classification: K10, K30, K40, K49

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Date posted: September 27, 2010

Suggested Citation

D'Amato, Anthony, The Effect of Legal Theories on Judicial Decisions (1999). Chicago-Kent Law Review, Vol. 74, No. 2, 1999; Northwestern Public Law Research Paper No. 10-51. Available at SSRN: http://ssrn.com/abstract=1682951

Contact Information

Anthony D'Amato (Contact Author)

Northwestern University - School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States