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. 84.