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:

    The law of nature is, do the thing, and you shall have the power: but they who do not the thing have not the power.
    Ralph Waldo Emerson (1803–1882)

    Macavity, Macavity, there’s no one like Macavity,
    He’s broken every human law, he breaks the law of gravity.
    —T.S. (Thomas Stearns)

    I had often stood on the banks of the Concord, watching the lapse of the current, an emblem of all progress, following the same law with the system, with time, and all that is made ... and at last I resolved to launch myself on its bosom and float whither it would bear me.
    Henry David Thoreau (1817–1862)