Formalism (philosophy) - Law

Law

Formalism is a school of thought in law and jurisprudence which assumes that the law is a system of rules that can determine the outcome of any case, without reference to external norms. For example, formalism animates the commonly heard criticism that "judges should apply the law, not make it." To formalism's rival, legal realism, this criticism is incoherent, because legal realism assumes that, at least in difficult cases, all applications of the law will require that a judge refer to external (i.e. non-legal) sources, such as the judge's conception of justice, or commercial norms.

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Famous quotes containing the word law:

    There is but one law for all, namely that law which governs all law, the law of our Creator, the law of humanity, justice, equity—the law of nature and of nations.
    Edmund Burke (1729–1797)

    War is thus divine in itself, since it is a law of the world. War is divine through its consequences of a supernatural nature which are as much general as particular.... War is divine in the mysterious glory that surrounds it and in the no less inexplicable attraction that draws us to it.... War is divine by the manner in which it breaks out.
    Joseph De Maistre (1753–1821)

    The times have changed. Why do you make a fuss
    For privilege when there’s no law of form?
    Allen Tate (1899–1979)