Realist Lawyers and Realistic Legalists: A Brief Rebuttal to Judge Posner

7 Pages Posted: 26 Sep 2013

Date Written: September 19, 2013

Abstract

This short piece suggests that seeming differences between legal realism and what Judge Posner calls the "legalistic approach" are often more a matter of emphasis than substance. In reality, both camps recognize that law does not mechanistically determine outcomes in individual cases, but also that law matters for judicial decision making.

Suggested Citation

Livermore, Michael A., Realist Lawyers and Realistic Legalists: A Brief Rebuttal to Judge Posner (September 19, 2013). Duke Law Journal, Vol. 59, 2010, Available at SSRN: https://ssrn.com/abstract=2328399

Michael A. Livermore (Contact Author)

University of Virginia School of Law ( email )

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