• Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that...
    12 KB (1,519 words) - 11:17, 7 March 2024
  • Look up formalism or formalist in Wiktionary, the free dictionary. Formalism may refer to: Legal formalism, legal positivist view that the substantive...
    1 KB (208 words) - 04:27, 14 February 2024
  • are interested in the correct use of legal concepts. Legal realism was primarily a reaction to the legal formalism of the late 19th century and early 20th...
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  • Critical legal studies Leslie Green International legal theory Interpretivism (legal) Georg Jellinek A.V. Dicey Judicial activism Legal formalism Legal naturalism...
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  • Within Christianity, the term legalism is a derogatory term that is loosely synonymous to religious formalism. Formalism is a school of thought in law...
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  • Thumbnail for Jurisprudence
    Jurisprudence (redirect from Legal theory)
    International legal theory Judicial activism Justice Law and economics Law and literature Legal formalism Legal history Legalism Legal pluralism Legal positivism...
    54 KB (6,774 words) - 21:16, 22 March 2024
  • University of Chicago Law School. He was notable for his advancement of legal formalism, as well as his work in Conflict of Laws, Corporations, and Criminal...
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  • chart a third way between legal formalism and legal realism. Drawing its name from Hart & Sacks' textbook The Legal Process (along with Hart & Wechsler's...
    8 KB (1,122 words) - 19:37, 24 April 2023
  • A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. A legal fiction...
    17 KB (2,347 words) - 13:26, 25 February 2024
  • Bentham. Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic...
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  • court held that the word "marry" could not in that context mean "become legally married" since that could never apply to someone who is already married...
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  • In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal...
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  • Daniel A. (1992). "The Inevitability of Practical Reason: Statutes, Formalism, and the Rule of Law". Vand. L. Rev. 45: 533. Nourse, Victoria F. (2016)...
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  • School. As a legal theorist and a historian of modern American legal thought, Grey has written widely on pragmatism, legal formalism, legal realism, and...
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  • Plain meaning rule (category Common law legal terminology)
    conjunction with the parol evidence rule. Such a use is controversial. Legal formalism Letter and spirit of the law § See also Pepper v. Hart [1993] AC 573...
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  • Thumbnail for Philosophy of law
    Justice Law Law and economics Law and literature Legal formalism Interpretivism (legal) Legal positivism Legal realism Libertarian theories of law Natural...
    20 KB (2,489 words) - 18:16, 27 February 2024
  • Thumbnail for Oliver Wendell Holmes Jr.
    Oliver Wendell Holmes Jr. (category American legal writers)
    represented a departure from the prevailing jurisprudence of the time: legal formalism, which held that law was an orderly system of rules from which decisions...
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  • just for morality. These demands have posed several problems even legal formalism has been put to the test. These demands seem to weigh on the society...
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  • Thumbnail for Judicial interpretation
    looking to the decision of a previous and similar case according to the legal principle of stare decisis, by finding a rule or principle in an earlier...
    11 KB (1,221 words) - 20:49, 27 February 2024
  • response to legal formalism, and builds on scattered uses of legal-historical comparison since antiquity. It uses the techniques of legal history and...
    36 KB (4,193 words) - 01:49, 25 March 2024
  • Statutory interpretation (category Legal reasoning)
    Emily and Fafinski, Stefan. Law Express: English Legal System, p. 215 (Pearson plc 2018). "US Legal definitions". (1884) 10 App Cas 59 Holy Trinity Church...
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  • Brief (law) (redirect from Legal brief)
    of the possible decision outside of legal formalism may provide guidance. Such arguments may also support a legal argument when the purpose of the law...
    11 KB (1,862 words) - 03:10, 7 September 2023
  • Mischief rule (category Legal history)
    (Inspector of Taxes) v Hart "Interpretation of the law - mischief rule". legal-directory.net. Archived from the original on 13 December 2005. Retrieved...
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  • fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code, principles of legal interpretation...
    26 KB (3,126 words) - 21:25, 30 August 2023
  • Thumbnail for Clarence Thomas
    Brooks, Roy L. (2008). Structures of Judicial Decision Making from Legal Formalism to Critical Theory (2nd ed.). Durham, N.C.: Carolina Academic Press...
    212 KB (21,318 words) - 00:09, 24 March 2024
  • Customary law (redirect from Legal custom)
    A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out...
    25 KB (3,303 words) - 18:01, 2 March 2024
  • thought such as original meaning to distinguish original intent as much as legal realists do. Original intent maintains that in interpreting a text, a court...
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  • Christopher (1996). "Substituting Law for the Lash: Emancipation and Legal Formalism in a Mississippi County Court". The Journal of American History. 82...
    75 KB (10,274 words) - 22:52, 11 March 2024
  • exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements. Barak states...
    31 KB (4,317 words) - 19:58, 12 November 2023
  • disciplinary machinery has become overlaid with an unnecessary degree of legal formalism. The report acknowledges the proud record of the Garda Síochána, but...
    20 KB (2,674 words) - 09:59, 6 July 2022