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

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
193
Abstract Views
2,196
Rank
282,390
PlumX Metrics