This Article challenges the assumption that law is essentially political. Professor Weinrib presents a noninstrumental conception of the rationality ofjuridical relationships. His analysis draws on the notion of form to distinguish political considerations from the justificatory structures latent in legal thinking. Professor Weinrib concludes by defending the conceptualism of his approach and by contrasting formalism to the currently popular modes of legal scholarship.
Toronto. I am grateful to Hanoch Dagan, to Graham Mayeda for his research assistance and his comments, and to Arthur Ripstein for his comments and a continuing series of conversations about Kant. As part of its ongoing reading of Kant's The Metaphysics of Morals, The Law and Philosophy Discussion Group at the Faculty of Law, University of Toronto, considered this paper at two of its weekly sessions. I wish to thank the participants in these discussions (
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