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Nonformalistic law in time and space

Article Abstract:

The author addresses the argument presented by Larry Alexander concerning the relation of law and morality and the formality of law by presenting his argument that nonformalistic law is viable, may be useful for preserving valued differences, and in fact exists. The Indian Civil Rights Act and the Bankruptcy Code are presented as examples of the positive aspects of nonuniform applications of law.

Criticism and interpretation, Alexander, Larry

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Form and substance in law and morality

Article Abstract:

The author defends the position he took in his book Ill-Gotten Gains that law mirrors everyday morality. That morality is formalistic, and that is the basis of law's formalism. The peculiarities of everyday morality should not influence scholarly judgments of the influence of that morality. The author uses lawyers' acts and moral perceptions of them to illustrate his position.

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Interpretation, empiricism, and the closure problem

Article Abstract:

The author addresses the issue of legal formalism with a focus on empirical questions concerning its use in statutory interpretation. Answers to empirical questions may never be fully determined, but the author discusses how this closure problem may be addressed.

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