FC Talks 12/5 - Thony Gillies & Simone Sepe

TITLE 

The logic of legal formalism

ABSTRACT

One theory of legal adjudication (legal formalism) is entirely law-internal: applying the law is a matter of inference from the laws and the facts of a case to an outcome. Formalism is widely viewed as fundamentally flawed: the main argument against legal formalism is that applying the law essentially involves exception-making and exception-making in applying the law requires appeals to extra-legal resources. In this paper we present this argument precisely and show that it relies on assuming that laws are monotonic in two specific ways and present a nonmonotonic formal framework for a family of legal formalisms.

LINK & LOCATION

Thursday @ 12:30pm

Social Sciences Seminar Room #224

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https://arizona.zoom.us/my/clarkdjphilosophy