Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, June 15, 2010

Fish on Tamanaha on Styles of Judging

By Rob Vischer

Stanley Fish comments on Brian Tamanaha's new book, agreeing with his central argument debunking the myth of the formalist-realist divide.  This is a debate that has been central to our own discussions about the role of judges contemplated by Catholic legal theory.

https://mirrorofjustice.blogs.com/mirrorofjustice/2010/06/fish-on-tamanaha-on-styles-of-judging.html

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My favorite line was how he agreed with Brian, but really because he's been saying the very same thing for years.

But I don't seem to recall very much historical work on the formalist/realist debate from Fish. Maybe I missed it between those tomes on post-structuralism and the meaninglessness of text.