Wobble, or the Death of Error, 59 S.C. law Review 363 (1986)
What does it mean to say that a decision is a legal error? Does "legal error" have any real meaning? This Article approaches legal error in the
same way that a scientific paper might approach perpetual motion machines.
The purpose is to question whether anything really fits that description
and to show that things which may seem at first to constitute
legal error, upon closer inspection, do not. As usually understood, error
requires two things. First, there must be a hypothetical result, determined
by the relevant decisionmaking inputs, which is inconsistent with
the actual result. This is the requirement of determinacy. Second, it
must be the case that the actual result should have conformed to that hypothetical result. This is the requirement of direction of fit.
Date of Authorship for this Version
Brilmayer, Lea, "Wobble, or the Death of Error" (1986). Faculty Scholarship Series. Paper 2548.