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:

    A crime persevered in a thousand centuries ceases to be a crime, and becomes a virtue. This is the law of custom, and custom supersedes all other forms of law.
    Mark Twain [Samuel Langhorne Clemens] (1835–1910)

    I wish my countrymen to consider that whatever the human law may be, neither an individual nor a nation can ever commit the least act of injustice against the obscurest individual without having to pay the penalty for it. A government which deliberately enacts injustice, and persists in it, will at length even become the laughing-stock of the world.
    Henry David Thoreau (1817–1862)

    When law becomes despotic, morals are relaxed, and vice versa.
    HonorĂ© De Balzac (1799–1850)