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:
“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)
“Revenge is a kind of wild justice, which the more a man’s nature runs to, the more ought law to weed it out.”
—Francis Bacon (1561–1626)
“To be a Negro is to participate in a culture of poverty and fear that goes far deeper than any law for or against discrimination.... After the racist statutes are all struck down, after legal equality has been achieved in the schools and in the courts, there remains the profound institutionalized and abiding wrong that white America has worked on the Negro for so long.”
—Michael Harrington (1928–1989)