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>Pluralism and Deformalisation as Mechanisms in the Achievement of MoreudEquitable and Just Outcomes – the Move from „Classical Formalism“ toudDeformalisation.
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Pluralism and Deformalisation as Mechanisms in the Achievement of MoreudEquitable and Just Outcomes – the Move from „Classical Formalism“ toudDeformalisation.
By tracing the development and evolvement of certain legal theories over the centuries, as well asudconsequences emanating from such developments, this paper highlights how and why a shift fromudthe model of „classical formalism“ towards more deformalised models has arisen.udThe paper also illustrates how deformalisation and „a corresponding loss of certainty“ could beudharnessed in order to provide for greater „realism“ and externalities, whilst still attaining audrespectable level of consistency. Developments and efforts aimed at exploring the applicability ofudclassical formalism and deformalised models should be regarded as „an endeavour to establish audconsistency of terms, as well as a probing into how far principles, notions, and rules for decisionudmaking can be generalised, and rectification when generalisations have gone too far.“udUnity, as well as „a common law of mankind“ are goals which are still capable of being achievedudeven where fragmentation, diversification and pluralisation of the law occur. Such processes ofudspecialisation, where correspondingly countered by the appropriate level of generality as well as theudability to apply rules – such that they are consistently applied in similar situations, are capable ofudachieving more equitable, just and unifying goals as opposed to a model which merely strives forudthe achievement of legal certainty. Looking beyond the borders of legal theory may indeed provideudthe much needed redress in situations where generalisations exceed the required limits.
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