Must formalism be defended empirically?
Article Abstract:
The author discusses the use of formalism in statutory construction and argues that its value should be determined by reference to empirical results. Costs of errors and decisions by law-making institutions should be analyzed. A formalistic approach to statutory interpretation results in more uniform application of law, less judicial discretion, and less reliance upon external sources of law.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
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Constitutional structure and statutory formalism
Article Abstract:
The author discusses the use and value of formalism in statutory interpretation with a focus on the arguments of Cass Sunstein and reference to constitutional structure. Sunstein's assertion that methods of statutory interpretation should be empirically tested is viable; however, before such testing can occur, constitutional permissibility should be analyzed.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
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Two functions of formalism
Article Abstract:
The author discusses philosophical, social, and political aspects of Italian law and compares some of those aspects to law in the United States.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2000
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