Legal Realism Explains Nothing

Washington University Jurisprudence Review, Vol. 1, pp. 1-20, 2009

Northwestern Public Law Research Paper No. 10-54

16 Pages Posted: 1 Oct 2010  

Date Written: September 29, 2010

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.

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

JEL Classification: K10, K19, K30, K40

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

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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