Document Type
Article
Repository Date
2010
Keywords
legal theory, judicial decisions, Speluncean Explorers
Subject Categories
Jurisprudence | Law | Legal History | Legal Theory | Public Law and Legal Theory
Abstract
I draw a distinction in the beginning of this essay between judicial decision-making and a judge's decision-making. To persuade a judge, we should try to discover what her theories are. Across a range of theories, I offered well-known case examples typically cited as examples of each theory. Then I showed that the exact same theory used to justify or explain those case results could be used to justify or explain the opposite result in each of those cases.
Repository Citation
D'Amato, Anthony, "The Effect of Legal Theories on Judicial Decisions" (2010). Faculty Working Papers. 82.
https://scholarlycommons.law.northwestern.edu/facultyworkingpapers/82
Included in
Jurisprudence Commons, Legal History Commons, Legal Theory Commons, Public Law and Legal Theory Commons
