形式主义方法论强调概念和逻辑,而现实主义法律运动让法官们脱下眼罩,开始将注意力投向宪法裁决与真实世界之间的联系。利益衡量随之应运而生,这种方法深深植根于社会现实之中,是一种兼具实用主义、现实主义色彩的宪法方法。作为对形式主义方法的超越,利益衡量重视借裁决的效果来证明其合理性。 Formalist methodologies emphasize concepts and logic, and realist legal movements allow judges to take their goggles off and begin to focus their attention on the link between the constitutional ruling and the real world. The measurement of interests came into being at the proper time. This method is deeply rooted in social reality and is a constitutional approach that combines both pragmatism and realism. As a surpassing of the formalist method, the interest measure weighs the effect of borrowing judgment to prove its rationality.