This Article challenges the assumption that law is essentially political.Professor Weinrib presents a noninstrumental conception of the rationality ofjuridical relationships.His analysis draws on the notion of form to distinguish political considerations from the justificatory structures latent in legal thinking.Professor Weinrib concludes by defending the conceptualism of his approach and by contrasting formalism to the currently popular modes of legal scholarship.
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Ernest J. Weinrib (1988) studied this question.
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