In Triangulating Judicial Responsiveness, Chad Oldfather, Joseph Bockhorst, and Brian Dimmer give us a methodology by which we can empirically assess (among other things) the effects that argumentation has on judicial decision making. Unlike the vast majority of empirical legal scholarship of judging, the authors do not use this methodology in their current study to compare “legalist” explanations of judging with “realist” explanations of judging. Rather, the study operates almost entirely within the “legalist” frame. This is a welcome development for many reasons, one on which this Response focuses—the authors’ methodology illustrates a way of scientifically “testing” descriptive legal theory claims, and it suggests an empirical way out of some longstanding theoretical disputes.
Response or Comment
Scott R. Bauries, "Testing" Fuller’s Forms and Limits: A Brief Response to Oldfather, Bockhorst, & Dimmer, 64 Fl. L. Rev. Forum 59 (2012).