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The Metaphysics of Legal Formalism

Authors: Dennis Patterson;

The Metaphysics of Legal Formalism

Abstract

Ernest Weinrib's defense of legal formalism is the most sophisticated articulation of a philosophical account of legal rationality in recent memory. Notwithstanding the substantive merits of his arguments in support of formalism, it is the manner in which those arguments are proferred that demands one's attention. Advancing the case for legal formalism is not Professor Weinrib's only aspiration. Additionally, Professor Weinrib champions the cause of a certain way of doing philosophy, a way that is to some extent out of fashion in these most postmodern of times. It is that effort, the effort to do philosophy the old-fashioned way, that cannot be ignored. Just when we thought everyone was a pragmatist, Professor Weinrib gives us collective pause. It is necessary to stop and take a closer look at the substance of this striking event.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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