Search

Discusses information on nonformalistic law. Relationship between formalistic and nonformalistic law; Overview of antitrust law; Creation of nonuniform applications of the Indian Civil Rights Act; Conclusion.

Focuses on formalism as an interpretive strategy. Conceptual preliminaries; Task of the contract law; Application of the default rules; Note on constitutional formalism; Speculation on statutory interpretation in England and in the United States.

Examines the rule-formalism as a prescriptive doctrine. Discussion on legal norm, a term referring to judicially recognized constraint on adjudicative decision making; Details on adjudicative rule-formalism; Discussion on democratic legitimacy.

Reflects on the role of formalism in the understanding of the contract law. Criticisms against Llewellyn's antiformalism; Formalist jurisprudence; Support for the trade association formalism; Assessment of the alternative approaches.

Addresses how the empiricist project can be carried forward in the face of the closure problem, a term pertaining to empirical arguments used by either the formalist or nonformalist interpretive doctrines. Promise of empirical arguments; Discussion on choosing interpretive rules under empirical uncertainty.

Highlights the role of the United States constitution and its underlying structure to statutory formalism. Constitutional defense of formalism; Statutory interpretation and constitutional law.

Argues that formalism carries potentially serious moral costs. Moral dilemma of a formalist; Relationship between formalism and moral character.

Argues that the law is essentially formalistic, and morality is not in the slightest degree formalistic. Discussion on formalism; Dilemma of formalistic law; Nonformalistic nature of morality.

Introduces a series of articles about the aims, questions to be addressed and approaches or methodologies relating to legal formalism with the perspective of formulating new ideas.