Irony of Instrumentalism: Using Dworkin's Principle-Rule Distinction to Reconceptualize Metaphorically a Substance-Procedure Dissonance Exemplified by Forum … (original) (raw)

Instrumentalism has affected (or afflicted) legal scholarship and judicial thinking for over a generation. 1 An instrumentalist approach asks the simple. Associate Professor of Law & Associate Dean of Academic Affairs, John Marshall Law School, Atlanta, Georgia. Special thanks go to my wife, Gina, for her support by transforming my diagrams from concepts into graphics, inputting numerous rounds of edits, proofreading final drafts, and lending her willing ear to listen to my ideas as they developed. Without her help, the key metaphoric components of this article would not have come to fruition. Thanks are also in order to Dean John E. Ryan for his counsel and his support of this project, and to my readers, Professors Oscar Chase, Tim Terrell, Edward Cooper, and William Cooper. I would also like to thank Carolyn Sawyer, Esq., for sharing her thoughts and research on forum non conveniens that she undertook with Professor Sidney Lanier at Georgia State University College of Law in 1998, as well as Sonja Brown, my research assistant, and our support professionals, Henrietta Lindsay and Sarah Bates. This Article is dedicated to the memory of a great international lawyer and great friend, Darcy Brum Arrieta, Esq., of San Juan, P.R., who left us far too soon at age thirty-five.