Legal Realism Explains Nothing
Northwestern University - School of Law
September 29, 2010
Washington University Jurisprudence Review, Vol. 1, pp. 1-20, 2009
Northwestern Public Law Research Paper No. 10-54
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.
Number of Pages in PDF File: 16
Keywords: Legal Realism, Prediction Theory of Law, Judicial Decisions, Oliver Wendell Holmes
JEL Classification: K10, K19, K30, K40Accepted Paper Series
Date posted: October 1, 2010
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