Thus, choice is masked by the language of linguistic inexorability.

Evidence

Formalism may be more broadly viewed as extending to any justification that treats as inexorable a choice that is not. In this broader sense, the claimed inexorability might come from something other than rule formulations. To mask, for example, a political, moral, or social choice in the language of “original intent” when original intent in fact does not provide a uniquely correct answer to the issue might be considered formalistic in the same way that masking a political, moral, or social choice in the language of the meaning of a rule is considered formalistic when that language does not provide a uniquely correct answer. Similarly, masking choice in the language of mathematical economic derivation or in the language of a unique solution to some “balance” might be considered formalistic if these methods are in fact comparatively indeterminate. — Frederick Schauer, Formalism, 34 (#expands, via linked claim)

Categorization

• XREF: connects to: Formalism is treating as inexorable any choice that is not. — Frederick Schauer, Formalism, 34; Thus, one view of the vice of formalism takes that vice to be one of deception, either of oneself or of others. To disguise a choice in the language of definitional inexorability obscures that choice and thus obstructs questions of how it was made and whether it could have been made differently.

Related

• Thus, one view of the vice of formalism takes that vice to be one of deception, either of oneself or of others. To disguise a choice in the language of definitional inexorability obscures that… (similarity 0.92)
• Formalism is treating as inexorable any choice that is not. (similarity 0.90)
• Yet Professor Schauer argues that this aversion to formalism should be rethought At times language both can and should restrict decisionmakers. Consequently, the term formalistic should not be… (similarity 0.86)
• Although Lochner is criticized for the length of its reach, a closer look reveals that it is not the result that is condemned as formalistic but rather the justification for that result. The… (similarity 0.83)

Broader Connections

• Thus, one view of the vice of formalism takes that vice to be one of deception, either of oneself or of others. To disguise a choice in the language of definitional inexorability obscures that… #corroborates (0.90)
• Formalism is treating as inexorable any choice that is not. #expands (0.60) — Frederick Schauer, Formalism, 34