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Legal Formalism vs. Legal Realism Explained by Vince Clarck F. Añabieza is a document available to read on EtoBox.
The document summarizes the debate between legal formalism and legal realism in theories of adjudication. It outlines two main perspectives: 1) Formalist theories claim that the law is rationally determinate and that adjudication is autonomous from other considerations. Sophisticated formalists see legal reasoning as complex but leading to unique outcomes. 2) Realist theories argue that legal reasoning often fails to justify unique outcomes in appellate cases. Judges are responsive to factual patterns an
- Author
- Vince Clarck F. Añabieza
- Language
- EN