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:

    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)

    “... But here there is nor law nor rule,
    Nor have hands held a weary tool;
    And here there is nor Change nor Death,
    But only kind and merry breath,
    For joy is God and God is joy.”
    William Butler Yeats (1865–1939)

    “Teacher, which commandment in the law is the greatest?” He said to him, “You shall love the Lord your God with all your heart, and with all your soul, and with all your mind.’ This is the greatest and first commandment. And a second is like it: You shall love your neighbor as yourself.’ On these two commandments hang all the law and the prophets.”
    Bible: New Testament, Matthew 22:36-40.