Must formalism be defended empirically?

Article Abstract:

The author discusses the use of formalism in statutory construction and argues that its value should be determined by reference to empirical results. Costs of errors and decisions by law-making institutions should be analyzed. A formalistic approach to statutory interpretation results in more uniform application of law, less judicial discretion, and less reliance upon external sources of law.

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Constitutional structure and statutory formalism

Article Abstract:

The author discusses the use and value of formalism in statutory interpretation with a focus on the arguments of Cass Sunstein and reference to constitutional structure. Sunstein's assertion that methods of statutory interpretation should be empirically tested is viable; however, before such testing can occur, constitutional permissibility should be analyzed.

Interpretation and construction, Criticism and interpretation, Constitutional law, Constitutional interpretation, Sunstein, Cass R.

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Two functions of formalism

Article Abstract:

The author discusses philosophical, social, and political aspects of Italian law and compares some of those aspects to law in the United States.

Italy, Law, Beliefs, opinions and attitudes, Legal philosophy

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