Legal Formalism - Formalism and Frederick Schauer

Formalism and Frederick Schauer

In 1988, Frederick Schauer, Professor of Law at the University of Michigan, published an article 'Formalism' in The Yale Law Journal. Schauer urges scholars to rethink the "contemporary aversion to formalism" and states that his goal is to "rescue formalism from conceptual banishment". He argues formalism should be conceptually rethought, not in terms of merely whether it is a good or bad thing, but rather in terms of how language both can and should be used to restrict the power of decisionmakers in the decisionmaking process.

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