"With me, it's all er nuthin'": formalism in law and morality
Article Abstract:
The author presents arguments to support his thesis that law is formalistic and morality is not. A necessary function of law is to set determinate rules to guide citizens who may then act in predicable ways without internal or external moral conundrums impinging upon that action. However, an inherent conflict exists as morality may require rational disobedience of formal rules.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
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Legal formalism and the red-hot knife
Article Abstract:
The author presents his reasons for generally agreeing with the arguments of Leo Katz and Larry Alexander concerning the interaction between and formalistic nature of law and morality. Legal formalism is a necessary part of a legal system, although it results in moral dilemmas and costs.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
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Forms of formalism
Article Abstract:
The author addresses the issue of legal formalism and the interaction between law and morality with a focus on arguments presented by classical legal formalists and by Leo Katz and Larry Alexander. The author finds that Katz's philosophy is similar to that of the classical scholars.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
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