When we recognize that legal rules are simply formulae…
““When we recognize that legal rules are simply formulae describing uniformities of judicial decision, that legal concepts likewise are patterns or functions of judicial decisions, that decisions themselves are not products of logical parthenogenesis born of pre-existing legal principles but are social events with social causes and consequences, then we are ready for the serious business of appraising law and legal institutions in terms of some standard of human values.” Felix Cohen, Columbia Law Review, 1935””
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
Law should be evaluated by human values, recognizing that legal rules are descriptive patterns, not immutable truths, and that decisions are socially caused events.
In simple terms: Law is about social patterns, not fixed rules, judged by human values.
Key Takeaway
Assess legal systems through ethical and social lenses.
Themes
legal theory
human values
social causation
Mood
analytical
critical
Type
academic
philosophical
When to use this quote
- court reforms
- legislative drafting
- academic research
- public policy
Key Concepts
normative analysis
judicial behavior
policy evaluation
Questions to Reflect On
- How do we measure justice in law?
- What values should guide legal change?
A Different Perspective
Complex to translate abstract values into concrete law.