Legal Realism Explains Nothing
Washington University Jurisprudence Review, Vol. 1, pp. 1-20, 2009
16 Pages Posted: 1 Oct 2010
Date Written: September 29, 2010
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.
Keywords: Legal Realism, Prediction Theory of Law, Judicial Decisions, Oliver Wendell Holmes
JEL Classification: K10, K19, K30, K40
Suggested Citation: Suggested Citation