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Questions and Answers
What is a key criticism of formalism mentioned in the text?
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'?
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?
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?
How does the text view the role of activist judges within formalism?
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Why does the text emphasize the importance of looking at background rules and maxims?
Why does the text emphasize the importance of looking at background rules and maxims?
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