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.
Read more about this topic: Formalism (philosophy)
Famous quotes containing the word law:
“I do not believe in lawyers, in that mode of attacking or defending a man, because you descend to meet the judge on his own ground, and, in cases of the highest importance, it is of no consequence whether a man breaks a human law or not. Let lawyers decide trivial cases.”
—Henry David Thoreau (1817–1862)
“Here, lads, we live by the law of the taiga. But even here people manage to live. D’you know who are the ones the camps finish off? Those who lick other men’s left-overs, those who set store by the doctors, and those who peach on their mates.”
—Alexander Solzhenitsyn (b. 1918)
“It seems to be a law of nature that no man, unless he has some obvious physical deformity, ever is loth to sit for his portrait.”
—Max Beerbohm (1872–1956)