Tuesday, October 21, 2008

Finding Form

When reading Weinrib’s article "Legal Formalism" the main thing I was contemplating was whether or not a conceptualization being comprised solely of thoughts can be said to be outside the realm of a bias that would influence its conceptualization. I do not think that Weinrib is saying that a bias does not exist in the form of law but rather that law being a concept without a physical type form can not be said to be hindered by these biases, but perhaps even enhanced by them. These alterations to the character or essence of law are what make law of itself because it is found to have characteristics that give it form and being that there is no real startling proof or varying distinction in this form of law it can be said to be one that is an accurate portrayal of law. I think that the distinction between the form and the different sorts of characteristics that help distinguish the form while still allowing for variation and differences within the same general category or form in this case.
I also wondered if the argument that law has immanent intelligibility was at all weakened by Weinrib’s argument about understanding certain characters or forms in relation to other things that share these same or similar characteristics. I guess it does not as you could still group together something that comprised itself by reference back to other characteristics present within the form, but I do think it is an odd way to support classifying something through the use of characteristics that are present in other similar things as how you can see that these things with similar characteristics must all be classified in some category that exists through itself.

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