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Full-Text Articles in Jurisprudence
Legal Realism Explains Nothing, Anthony D'Amato
Legal Realism Explains Nothing, Anthony D'Amato
Faculty Working Papers
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.
Whither Jurisprudence?, Anthony D'Amato
Whither Jurisprudence?, Anthony D'Amato
Faculty Working Papers
After considering the side road of critical legal studies, I shall try to indicate the major signposts to a more complete jurisprudence. These signposts take the form of questions or anomalies in our present understanding of law. I will conclude that only by following these signposts, by exploring these questions and anomalies, will we begin to uncover the nature of law and justice.