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The Limits Of Legal Realism, Anthony D'Amato
The Limits Of Legal Realism, Anthony D'Amato
Faculty Working Papers
This article will address some criticisms of legal realism, primarily those of H.L.A. Hart, that have been unanswered in the literature and have appeared to discredit the realist approach to law. The article will also articulate what I believe to be more difficult problems with legal realism.
Elmer's Rule: A Jurisprudential Dialogue, Anthony D'Amato
Elmer's Rule: A Jurisprudential Dialogue, Anthony D'Amato
Faculty Working Papers
Cardozo wrote of Riggs v. Palmer that this case that two analytical paths pointed in different directions and the judges selected the path that seemed better to lead to "justice". Dworkin has claimed that the case demonstrates the triumph of certain "principles" over what are called "rules of law". Taylor has argued that there was no "law" at all about murderers inheriting from testators before the actual decision in Riggs, and that consequently the decision itself was the only "law" that affected Elmer. All of these suggest that the decision in Riggs was largely unpredictable and therefore must have come …