“In this episode, Felipe Jiménez, Assistant Professor of Law and Philosophy at the University of Southern California Gould School of Law, discusses his draft article ‘The Case for Formalism in Contract Law Adjudication’. Jiménez begins by explaining the differences between legal formalism and legal realism, and reflecting on the realist critique of formalism. He also explains the difference between instrumentalist and non-instrumentalist theories of law. He argues that a formalist approach to the adjudication of contract disputes can promote an instrumentalist theory of law, and may be more effective at promoting the goals of instrumentalist. He also reflects on the values of legal pluralism, and how they may be promoted more effectively by formalist adjudication than realist approaches” (podcast).
[Ipse Dixit, season 1, episode 397 (17 October)]
First posted 2019-10-18 06:30:30