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:
“There was that law of life so cruel and so just which demanded that one must grow or else pay more for remaining the same.”
—Norman Mailer (b. 1923)
“Our law very often reminds one of those outskirts of cities where you cannot for a long time tell how the streets come to wind about in so capricious and serpent-like a manner. At last it strikes you that they grew up, house by house, on the devious tracks of the old green lanes; and if you follow on to the existing fields, you may often find the change half complete.”
—Walter Bagehot (1826–1877)
“The basis of good manners is self-reliance. Necessity is the law of all who are not self-possessed.”
—Ralph Waldo Emerson (1803–1882)