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:

    The great King of kings
    Hath in the table of his law commanded
    That thou shalt do no murder. Will you then
    Spurn at his edict, and fulfill a man’s?
    Take heed; for he holds vengeance in his hand
    To hurl upon their heads that break his law.
    William Shakespeare (1564–1616)

    Laws can be wrong and laws can be cruel. And the people who live only by the law are both wrong and cruel.
    —Ardel Wray. Mark Robson. Thea (Ellen Drew)

    Macavity, Macavity, there’s no one like Macavity,
    He’s broken every human law, he breaks the law of gravity.
    —T.S. (Thomas Stearns)