Washington University Jurisprudence Review

Article Title

Legal Realism Explains Nothing

Authors

Anthony D'Amato, Northwestern University

Publication Title

Washington University Jurisprudence Review

Abstract

This Article presents the argument 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.

Recommended Citation

Anthony D'Amato, Legal Realism Explains Nothing, 1 Wash. U. Jur. Rev. 1 (2009).
Available at: https://openscholarship.wustl.edu/law_jurisprudence/vol1/iss1/1