Legal Realism, Prediction Theory of Law, Judicial Decisions, Oliver Wendell Holmes
Jurisprudence | Law | Legal History | Legal Theory | Public Law and Legal Theory
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.
D'Amato, Anthony, "Legal Realism Explains Nothing" (2010). Faculty Working Papers. Paper 84.