Digestive jurisprudence restated: On breakfast and digestion as bias-arousers
Digestive Jurisprudence" is the view that judicial decisions depend on what judges had for breakfast. The view is usually associated with Frank's version of Legal Realism. The paper shows that, disputable as it is, that view comes from the philosophical background of Peirce's pragmati...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2023-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652303417T.pdf |
| _version_ | 1797396828910518272 |
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| author | Tuzet Giovanni |
| author_facet | Tuzet Giovanni |
| author_sort | Tuzet Giovanni |
| collection | DOAJ |
| description | Digestive Jurisprudence" is the view that judicial decisions depend on what judges had for breakfast. The view is usually associated with Frank's version of Legal Realism. The paper shows that, disputable as it is, that view comes from the philosophical background of Peirce's pragmatism and the legal background of Holmes' prediction theory. Peirce's pragmatism was an account of concepts in terms of their predictable consequences. Holmes' prediction theory was an account of law in terms of predictions of what judges will do. And Legal Realism focused on judicial behavior as determined by various factors including, in its most extreme and provocative version, breakfast quality and digestive processes. The paper does not ascertain whether the digestive view is true (to some extent); rather, it makes the working hypothesis that breakfast quality, or digestion quality, is not a sufficient condition of a certain outcome but, most likely, a bias-arouser. |
| first_indexed | 2024-03-09T00:57:12Z |
| format | Article |
| id | doaj.art-0a94a6d12579414b9b57761ba25b2fbb |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-03-09T00:57:12Z |
| publishDate | 2023-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-0a94a6d12579414b9b57761ba25b2fbb2023-12-11T16:49:06ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932023-01-0171341743910.51204/Anali_PFBU_23301A0003-25652303417TDigestive jurisprudence restated: On breakfast and digestion as bias-arousersTuzet Giovanni0Bocconi University, Milan, Italy Digestive Jurisprudence" is the view that judicial decisions depend on what judges had for breakfast. The view is usually associated with Frank's version of Legal Realism. The paper shows that, disputable as it is, that view comes from the philosophical background of Peirce's pragmatism and the legal background of Holmes' prediction theory. Peirce's pragmatism was an account of concepts in terms of their predictable consequences. Holmes' prediction theory was an account of law in terms of predictions of what judges will do. And Legal Realism focused on judicial behavior as determined by various factors including, in its most extreme and provocative version, breakfast quality and digestive processes. The paper does not ascertain whether the digestive view is true (to some extent); rather, it makes the working hypothesis that breakfast quality, or digestion quality, is not a sufficient condition of a certain outcome but, most likely, a bias-arouser.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652303417T.pdfdigestive jurisprudencefrankholmeslegal realispragmatism |
| spellingShingle | Tuzet Giovanni Digestive jurisprudence restated: On breakfast and digestion as bias-arousers Anali Pravnog Fakulteta u Beogradu digestive jurisprudence frank holmes legal realis pragmatism |
| title | Digestive jurisprudence restated: On breakfast and digestion as bias-arousers |
| title_full | Digestive jurisprudence restated: On breakfast and digestion as bias-arousers |
| title_fullStr | Digestive jurisprudence restated: On breakfast and digestion as bias-arousers |
| title_full_unstemmed | Digestive jurisprudence restated: On breakfast and digestion as bias-arousers |
| title_short | Digestive jurisprudence restated: On breakfast and digestion as bias-arousers |
| title_sort | digestive jurisprudence restated on breakfast and digestion as bias arousers |
| topic | digestive jurisprudence frank holmes legal realis pragmatism |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652303417T.pdf |
| work_keys_str_mv | AT tuzetgiovanni digestivejurisprudencerestatedonbreakfastanddigestionasbiasarousers |