NORTH CAROLINA LAW REVIEW Volume 70 | Number 5 Article 4 6-1-1992 The lP ace of Formalism in Legal Theory Michael Corrado Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Michael Corrado, The Place of Formalism in Legal Theory, 70 N.C. L. Rev. 1545 (1992). Available at: http://scholarship.law.unc.edu/nclr/vol70/iss5/4 This Comments is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. ESSAY THE PLACE OF FORMALISM IN LEGAL THEORY MICHAEL CORRADO* I understand formalism to be the claim that law is an autonomous area of knowledge. To say that it is autonomous is to say that it is self- contained, that it is not dependent on other areas of knowledge like mo- rality or politics or sociology. In particular it is to say that law is not reducible to those other areas, in a sense of reducibility I will try to make clear. There is a version of formalism that is true. This version of formal- ism does not claim that law is unrelated to other areas of knowledge. It admits that legal argument makes use of moral, political, and sociologi- cal information. But it insists that, although much that is extra-legal is taken into account in deciding a question of law, it remains extra-legal; it does not become part of the law.' I.