Philosophy 499
Study questions:  Holmes "The Path of Law" and Frank, "Legal Realism"


1.  According to Holmes, what is law?  What role does prediction play in his definition?  How
        does his definition compare with those we have encountered so far (Aquinas, Austin, Hart)?

2.  According to Holmes, what is a legal duty?  What problems might there be for this definition?
        How might Holmes try to address these problems?

3.  What point does Frank try to prove with the case of Blue and Gray Taxi v. Purple taxi?  What
        conclusion does it lead him to about "the law"?

4.  Based on the discussion of Holmes and Frank, what is legal realism?  How does legal realism
        explain the nature of law?  What problems do you think there will be for this view?  How
        might a legal realist overcome them?