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:
“When shot, the deer seldom drops immediately, but runs sometimes for hours, the hunter in hot pursuit. This phase, known as ‘deer running,’ develops fleet runners, particularly in deer- jacking expeditions when the law is pursuing the hunters as swiftly as the hunters are pursuing the deer.”
—For the State of Maine, U.S. public relief program (1935-1943)
“The due process of law as we use it, I believe, rests squarely on the liberal idea of conflict and resolution.”
—June L. Trapp (b. 1930)
“Faith, I have been a truant in the law,
And never yet could frame my will to it,
And therefore frame the law unto my will.”
—William Shakespeare (1564–1616)