It defines explananda of empirical inquiry (into artifacts), is resolutely antidualist, antiformalist
, and antireductionist, and illuminates neglected features of experience.
Indeed, it has in the past: This formalist-leaning, or materialist, exhibition is not actually out of step with antiformalist
positions that emerged in the '70s and '80s or with political traditions in art that characterized the same period.
represented a worldview that was decidedly antiformalist
Apart from the major remodularizations that legislatures and autocrats have historically undertaken, the kind of reforms that the Realists advocated--amidst misleadingly soaring antiformalist
rhetorichave largely taken place in the more in personam and intermediate areas of property rather than in its most in rem aspects.
Posner's objection is that Scalia and Garner improperly stack the deck against nontextual reasoning by characterizing the Kansas Supreme Court's antiformalist
decision as "perverse" without stating any of the arguments that the court invoked and, thus, without letting the reader judge for herself whether the decision was reasonable (p.
interpretive methods are crucial to the
Walker, William, Antiformalist
, Unrevolutionary, Illiberal Milton: Political Prose, 1644-1660, Farnham, Ashgate, 2014; hardback; pp.
It is resolutely antiformalist
, it denies that legal reasoning differs importantly from ordinary practical reasoning, it favors narrow over broad grounds of decision at the outset of the development of an area of law, it is friendly to rhetoric and unfriendly to moral theory, it is empirical, it is historicist but recognizes no "duty" to the past, it distrusts exception-less legal rules, and it doubts that judges can do better in difficult cases than to reach reasonable (as distinct from demonstrably correct) results.
Accordingly, we might associate textualism with an embrace of spandrels and Frankenstein's monsters, while associating antiformalist
conceptions of law with the urge to hew closer to purposes.
critics contest our claim that firms are risk
But today's topic is law and economics, and more particularly antiformalist
post-realist law and economics.
The Realists' antiformalist
point is that legal language cannot really work automatic changes in society anymore than a stage magician can really make a rabbit materialize out of an empty hat.