Legal realism and 'working' rules

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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 languageEnglish
Pages (from-to)321-364
Number of pages44
JournalCanadian Journal of Law and Jurisprudence
Issue number2
Publication statusPublished - Aug 2022


  • Legal Realism
  • Jurisprudence
  • Legal philosophy
  • Judicial decision-making
  • Official decision

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