1. Legal formalism is the view that judges should apply rules according to their plain meaning, irrespective of how unjust or unreasonable the rule is. Explain TWO problems with formalism. How might a formalist respond to these problems? Do you agree with these responses? Give REASONS for your answer.
In answering these questions, you must refer to the course materials.
This Assessment Task relates to the following Learning Outcomes:
• Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.
• Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.
• Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.
• Communicate using clear and cogent arguments both orally and in writing