significance by Wittgenstein

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									             Significance of Holmes,
             “Realists” and Lochner

Here we are again

  -- What is the basis of law?
  -- Is judging special? Was American constitutionalism
  misguided?
  -- What are these judges supposed to do?
  -- How are judges supposed to judge?
  -- When is something unconstitutional?
Holmes and Humpty Dumpty
“law”
 Three Approaches Emerge                          Time


                Holmes Explosion




Sociological
Jurisprudence         Positivism
(Progressive                             Skepticism
                Domination of American
Determinism)    Legal Culture
 Material for Midterm
    Ends Here.

Material for Final Starts
  With Next Slides

								
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