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Legal Formalism and Distinctive Values Quiz

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Legal Formalism and Distinctive Values Quiz

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What is a key criticism of formalism mentioned in the text?

It includes personal values

It lacks the incorporation of distinctive values (correct)

It is too subjective

It encourages activist judges

In the context of formalism, what is meant by 'mindless application'?

Judges interpreting laws flexibly

Judges applying the law without any reasoning (correct)

Judges applying the law without considering moral implications

Judges solely relying on personal values

What is a characteristic of rules in comparison to morals within formalism?

Rules are less important than morals

Rules are based on personal values

Rules are more politically motivated

Rules are open-textured (correct)

How does the text view the role of activist judges within formalism?

<p>As a political tactic</p> Signup and view all the answers

Why does the text emphasize the importance of looking at background rules and maxims?

<p>To provide a deeper understanding of legal decision-making</p> Signup and view all the answers

Legal Formalism and Distinctive Values Quiz

Choose a study mode

Podcast

Questions and Answers

What is a key criticism of formalism mentioned in the text?

In the context of formalism, what is meant by 'mindless application'?

What is a characteristic of rules in comparison to morals within formalism?

How does the text view the role of activist judges within formalism?

Why does the text emphasize the importance of looking at background rules and maxims?

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