A Short Note on Digestive Realism

Revus 25:11-14 (2015)
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Abstract

The most extreme form of legal realism says that judicial decisions depend on what judges had for breakfast. It is unclear whether any of the American realists really claimed anything of that sort. Sometimes Jerome Frank is charged with that extreme view, which is not surprising given that Frank is generally considered to be the most radical, skeptical and cynic among those realists. It has been said in fact that critics of American legal realism have promoted a “Frankification” of this movem..

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Arbitrary Decision-making and the Rule of Law.Francesca Asta - 2020 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:107-136.

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