5 Questions
What is a key criticism of formalism mentioned in the text?
It lacks the incorporation of distinctive values
In the context of formalism, what is meant by 'mindless application'?
Judges applying the law without any reasoning
What is a characteristic of rules in comparison to morals within formalism?
Rules are open-textured
How does the text view the role of activist judges within formalism?
As a political tactic
Why does the text emphasize the importance of looking at background rules and maxims?
To provide a deeper understanding of legal decision-making
Test your knowledge on legal formalism, distinctive values, activist judges, and the importance of incorporating other values aside from objectivity in the legal system. Explore concepts like 'mindless application', 'open-textured' rules, and Allan Hutchinson's perspective.
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