Formalism disguises the need for judicial choice by freezing rule meaning

Evidence

The vice known to legal theory as formalism or conceptualism consists in an attitude to verbally formulated rules which both seeks to disguise and to minimize the need for such choice, once the general rule has been laid down. One way of doing this is to freeze the meaning of the rule so that its general terms must have the same meaning in every case where its application is in question. — HLA Hart, The Concept of Law (Clarendon Law…, 370

Categorization

• corroborated: 2 independent passages support this claim — HLA Hart, The Concept of Law (Clarendon Law…, 370
• XREF: connects to: Judicial decisions are governed by beliefs about facts and rules — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160; Judicial decisions depend entirely on articulated reasons rather than fiat — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 138; Reductionist legal theories obscure the diverse functions of rules within a social system — HLA Hart, The Concept of Law (Clarendon Law…, 649 (+29 more)

Broader Connections

• Stated precedent rules often fail to determine later case outcomes #corroborates (0.85) — Burton, Steven J, An Introduction to Law and Legal…, 216
• Judicial decisions are governed by beliefs about facts and rules #expands (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160
• Legal rules resting only on past authority deserve condemnation when their rationale has lapsed #corroborates (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1067
• Judicial decisions depend entirely on articulated reasons rather than fiat #contradicts (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 138
• Reductionist legal theories obscure the diverse functions of rules within a social system #corroborates (0.75) — HLA Hart, The Concept of Law (Clarendon Law…, 649
• Common law rules arise from comparing cases, not from tracing prior logic #corroborates (0.75) — Burton, Steven J, An Introduction to Law and Legal…, 222
• Formalism might be seen not as embodying an embarrassingly crude understanding of communication, but as a sensible and highly pragmatic response to institutional limits of generalist judges and… #complicates (0.60)
• Literal application of legal rules sometimes produces absurd against-purpose outcomes #corroborates (0.50) — Frederick Schauer, Thinking Like a Lawyer, 284