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2006

Hofstra Law Review

Legal formalism

Articles 1 - 2 of 2

Full-Text Articles in Law

Remarks On The Installation Of Mark Movsesian As Max Schmertz Distinguished Professor Of Law, John O. Mcginnis Jan 2006

Remarks On The Installation Of Mark Movsesian As Max Schmertz Distinguished Professor Of Law, John O. Mcginnis

Hofstra Law Review

No abstract provided.


Contract Formalism, Scientism, And The M-Word: A Comment On Professor Movsesian's Under-Theorization Thesis, Jeffrey M. Lipshaw Jan 2006

Contract Formalism, Scientism, And The M-Word: A Comment On Professor Movsesian's Under-Theorization Thesis, Jeffrey M. Lipshaw

Hofstra Law Review

In two recent essays, Professor Mark L. Movsesian has suggested that a significant difference between the classical formalism of Williston and the formalism of contemporary contracts scholars is the extent to which the earlier work was under-theorized. I want to suggest an area in which there is a consistency to the under-theorization between the classical and the modern contract formalists: the extent to which theorization in anything that approaches metaphysics is, and has been, consistently anathema. Modern theorizing is overwhelmingly of a particular form: dispassionate social science inquiry into how we tick, rarely questioned but implicit norms shaped solely around ...