Private Law Theory

“American law students learn about formalism and instrumentalism early on – although those particular terms may not be introduced explicitly in classroom discussion. Many law students hunger for ‘black letter law’: they are looking for legal rules that can be memorized and applied to the facts in a more or less determinate (or even ‘mechanical’) fashion. But in most law school classrooms, this hunger is not satisfied. Instead, the discussion is likely to focus on another set of questions …” (more)

[Lawrence Solum, Legal Theory Blog, 5 December]

First posted 2021-12-07 10:40:05