Holmes’s prediction theory of law and “bad-man” account of legal practice are rather peculiar

The second essay should be roughly 5 pages double spaced with standard margins in regular font.

Please include your name, a title for the paper, which essay this is (in this case, #2), which topic you are writing on (topic 1, topic 2, …), and which course this is for (Phil Law).

What I’m looking for in the papers:

1. A clear thesis
2. A clear and original defense of the thesis – that is, an argument for the thesis.
3. Evidence of effort
4. Evidence of background research including citations (MLA, Chicago, … doesn’t matter) and a reference section (reference section does not count toward page length).

Topic 1.  Holmes’s prediction theory of law and “bad-man” account of legal practice are rather peculiar.  What are these views?  What do they have going for them?  What against them?.

or

Topic 2.  Rachel MacKinnon’s work on feminist issues in law has sometimes been seen as radical due to the ways people have interpreted her sometimes rather flowery or passionate writing.  One claim people have made against MacKinnon is that her view entails that all heterosexual sex is rape.  What is MacKinnon’s view in the piece I had you read?  Could her view be interpreted this way?  How might MacKinnon respond?