Frederick Schauer — Formalism

Yield

8 of 330 paragraphs kept (2.4%). Target: 35%+ — ⚠️ BELOW target.

Thesis

Formalism’s refusal to consider variable factors is what gives rules their force. · ch. 0

Argument

  1. Believing abstract legal terms are natural kinds hides the choices behind their application. — ch. 0
  2. Lochner’s formalism wrongly treats contracting as definitionally contained in liberty. — ch. 0
  3. Definitional contingency does not imply any actor may change a definition. — ch. 0
  4. Formalism is treating as inexorable any choice that is not. — ch. 0
  5. Legal terms have settled meaning in the core and debatable meaning in the penumbra. — ch. 0
  6. General vague norms give way to specific rules as communities lose shared meanings. — ch. 0
  7. Decision by rule has genuine virtues that formalism deserves credit for. — ch. 0

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