Monday, April 27, 2020

The realist critique of "formalism" according to Solum

Larry Solum's Legal Theory Lexicon is a useful resource, although I don't always agree with all its entries.  This one on the "realist" critique of formalism is really just a description of the argument in one paper by Felix Cohen.  It's a fine description of the argument in that paper but it is not representative of legal realism.  (On formalism and realism, with reference to Brian Tamanaha's confused and misleading treatment, see also.)

https://leiterlawschool.typepad.com/leiter/2020/04/the-realist-critique-of-formalism-according-to-solum.html

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