Legal Realism Explains Nothing

D'Amato, Anthony

Abstract

Download This Paper | Share | Email |Add to Briefcase

Legal Realism Explains Nothing

Anthony D'Amato

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

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.

Number of Pages in PDF File: 16

Keywords: Legal Realism, Prediction Theory of Law, Judicial Decisions, Oliver Wendell Holmes

JEL Classification: K10, K19, K30, K40

Accepted Paper Series

Download This Paper

Date posted: October 1, 2010

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: http://ssrn.com/abstract=1684754

Contact Information

Anthony D'Amato (Contact Author)

Northwestern University - School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States