Abstract
The American Legal Realists offered several hypotheses about alternative drivers of official decision-making (i.e., considerations other than the rules on the books). This article identifies a tension between two of those hypotheses: the 'extra-legal' factors and 'working' rules. This tension gets exacerbated in Frederick Schauer's account of Legal Realism, one which places his Dislocated Determinacy thesis - about working rules constituting an additional ground for the existence of 'easy' cases and determinacy across a legal system - into doubt.
| Original language | English |
|---|---|
| Pages (from-to) | 321-364 |
| Number of pages | 44 |
| Journal | Canadian Journal of Law and Jurisprudence |
| Volume | 35 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - Aug 2022 |
Keywords
- Legal Realism
- Jurisprudence
- Legal philosophy
- Judicial decision-making
- Official decision