Legal reasoning should be explicit about the social and economic considerations it embraces—so much so that lawyers and judges would benefit from being trained in economics and statistics. Some information in this section of notes comes from in A [1] Brian Leiter, “Legal Realism,” ed. Dennis Patterson, Blackwell, Companion to the Philosophy of Law and Legal Theory, Malden, MA, 1996, 261-279. This section incorporates ideas from Legal Pragmatism: Where Does the [2] Susan Haack, “On Path of the Law 50, 2005, 71-105. The American Journal of Jurisprudence Lead Us?” Online at . [3] Oliver Wendell Holmes, Jr., Path of the (1897), in Philosophy of Law and Legal [4] “The Law” ed. Dennis Patterson, Blackwell, Malden, MA, 2003, 9-21, p.9; emphasis Theory: An Anthology, added. Leiter, p.263. ibid., [5] Holmes, p.9, emphases added. ibid., [6] Peirce, 5.401, 1878. Collected Papers [7] Holmes, p.10, emphasis added. ibid., [8] Holmes, p.10, emphasis added. ibid., [9] Holmes, p.11, emphasis added. ibid., [10] Karl Llewellyn, Oceana, New York, 1930, p.5. The Bramble Bush: Our Law and Its Study, [11] Quoted in Haack, p.85. ibid., Holmes, pp.13-14, emphasis added. ibid., [12] Holmes, pp.14-15, emphasis added. ibid., [13] Holmes, pp.15-16. reference to the refers to so-called ibid., Holmes’ “blackletter man” [14] blackletter law, i.e., enacted (posited, positive) law, including statues and case law, exactly as it appears in print.
Legal reasoning should be explicit about the social and economic considerations it embraces—so much so that lawyers and judges would benefit from being trained in economics and statistics. [1] Some information in this section of notes comes from Brian Leiter, “Legal Realism,” in A Companion to the Philosophy of Law and Legal Theory, ed. Dennis Patterson, Blackwell, Malden, MA, 1996, 261-279. [2] This section incorporates ideas from Susan Haack, “On Legal Pragmatism: Where Does the Path of the Law Lead Us?” The American Journal of Jurisprudence 50, 2005, 71-105. [3] Online at . [4] Oliver Wendell Holmes, Jr., “The Path of the Law” (1897), in Philosophy of Law and Legal Theory: An Anthology, ed. Dennis Patterson, Blackwell, Malden, MA, 2003, 9-21, p.9; emphasis added. [5] Leiter, ibid., p.263. [6] Holmes, ibid., p.9, emphases added. [7] Peirce, Collected Papers 5.401, 1878. [8] Holmes, ibid., p.10, emphasis added. [9] Holmes, ibid., p.10, emphasis added. [10] Holmes, ibid., p.11, emphasis added. [11] Karl Llewellyn, The Bramble Bush: Our Law and Its Study, Oceana, New York, 1930, p.5. Quoted in Haack, ibid., p.85. [12] Holmes, ibid., pp.13-14, emphasis added. [13] Holmes, ibid., pp.14-15, emphasis added. [14] Holmes, ibid., pp.15-16. Holmes’ reference to the “blackletter man” refers to so-called blackletter law, i.e., enacted (posited, positive) law, including statues and case law, exactly as it appears in print.
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