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97 Yale L.J. 949 (1987-1988)
Legal Formalism: On the Immanent Rationality of Law

handle is hein.journals/ylr97 and id is 967 raw text is: The Yale Law Journal Volume 97, Number 6, May 1988 Articles Legal Formalism: On the Immanent Rationality of Law Ernest J. Weinribt This Article challenges the assumption that law is essentially political. Profes- sor Weinrib presents a noninstrumental conception of the rationality ofjurid- ical relationships. His analysis draws on the notion of form to distinguish political considerations from the justificatory structures latent in legal think- ing. Professor Weinrib concludes by defending the conceptualism of his ap- proach and by contrasting formalism to the currently popular modes of legal scholarship. TABLE OF CONTENTS I. INTRODUCTION 950 A. The Disrepute of Formalism 950 B. What Formalism Is 953 II. THE NATURE OF FORM 957 A. Form and Content 958 t Professor of Law and Special Lecturer in Classics, University of Toronto.

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