Abstract

http://ssrn.com/abstract=1684754
 


 



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

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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
Unit 1505
Chicago, IL 60611
United States
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