Document Type
Article
Repository Date
2010
Keywords
Legal Realism, Prediction Theory of Law, Judicial Decisions, Oliver Wendell Holmes
Subject Categories
Jurisprudence | Law | Legal History | Legal Theory | Public Law and Legal Theory
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.
Repository Citation
D'Amato, Anthony, "Legal Realism Explains Nothing" (2010). Faculty Working Papers. 84.
https://scholarlycommons.law.northwestern.edu/facultyworkingpapers/84
Included in
Jurisprudence Commons, Legal History Commons, Legal Theory Commons, Public Law and Legal Theory Commons
