Legal realism, positivism, judicial decisions, H.L.A. Hart
Law | Legal History | Legal Theory | Public Law and Legal Theory
This article will address some criticisms of legal realism, primarily those of H.L.A. Hart, that have been unanswered in the literature and have appeared to discredit the realist approach to law. The article will also articulate what I believe to be more difficult problems with legal realism.
D'Amato, Anthony, "The Limits Of Legal Realism" (2010). Faculty Working Papers. Paper 106.