‘Legal Theory Lexicon: Formalism and Instrumentalism’

“American law students learn about formalism and instrumentalism early on – although those particular terms may not be introduced explicitly in classroom discussion. Many law students hunger for ‘black letter law’: they are looking for legal rules that can be memorized and applied to the facts in a more or less determinate (or even ‘mechanical’) fashion. But in most law school classrooms, this hunger is not satisfied …” (more)

[Lawrence Solum, Legal Theory Blog, 26 January]

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