The Golden Mean: How the English Judiciary Failed to Balance Formalist and Realist Jurisprudence in the Development of Privacy Law
Abstract This article examines the relative roles of legal formalism and legal realism in the development of the English law of torts, with particular reference to the evolution of privacy protections as a case study. The common law is inherently mutable, and adherence to formalist principles is argued to be the key to striking a […]