Exploring legal formalism

• Department of Law
• Robert Schuman Centre for Advanced Studies

Professors Alan Schwartz and Simone Sepe explore the complexities of legal formalism and its essential commitments, while also addressing critical issues.

During this seminar, Professor Alan Schwartz from Yale University, and Professor Simone Sepe from University of Arizona will delve into the landscape of legal formalism. In their forthcoming paper, they argue that there are several sophisticated types of formalism.

However, two essential commitments underpin all formalist theories. The first states that the law is a system of legal norms, encompassing rules and standards. The second, that legal adjudication involves applying these norms to relevant facts to reach a supported conclusion. 

In this event, Professors Sepe and Schwartz will also address issues in legal realism, particularly the tendency to ignore the commitment to using law-internal norms exclusively in adjudication.