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A Timid Defence of Legal Formalism
SSRN Electronic Journal, 2021 This paper defends (a moderate form of) formalism as opposed to empiricism and theory. It defends the value of doctrinal scholarship, understood as arguments structured by the language and logic of the law. The paper further argues that, as a legal scholar, if you want your work to be societally relevant you must engage with doctrinal work.
Christina Eckes
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, 2018 Abstract This chapter considers the era of ‘legal formalism’, which is usually taken to refer to the period in American legal thought between the 1860s and the 1920s, when a new generation of post-bellum treatise-writers and legal academics sought to discover the underlying principles of common law cases, and put them into a rational ...
Michael Lobban
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Judicial breakfast as an external factor in judicial decision making in courts [version 1; peer review: 2 approved] [PDF]
F1000Research, 2023 The objective of this article is to establish whether the judges depend on relevant facts, judicial rules, and the law when making their judgments or they use extraneous factors such as what a judge eats, personal ideology, beliefs, or the cultural and ...
Tomson Situmeang +2 more
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THE RELATIONSHIP OF STUDENTS’ CORPORATE SOCIAL RESPONSIBILITY ORIENTATION AND ETHICAL PREFERENCES [PDF]
Jurnal Akuntansi dan Auditing, 2015 The objective of this study is to investigate the relationship of ethical preferences with the individual orientation toward corporate social responsibility that covering the economics, legal, ethical, and discretionary aspects.
Puji Harto, Andri Prastiwi
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ANTITHETICAL PERSPECTIVE OF LEGAL FORMALISM AND LEGAL REALISM [PDF]
Challenges of the Knowledge Society, 2017 The necessity to outline a historical context is implicit in study of legal theories of formalism and realism. Understanding those notions presumes also understanding the social and polical context from the time of elaboration.
Horatiu MARGOI
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Overcoming legal formalism and the protection of the Slovak Republic Constitutionalism
Аналітично-порівняльне правознавствоThe principles are considered the basic ones as they constitute the contradistinguished component-part between the lawful state and another state establishment. However, it would be naive to think and to rely on the reality that the only creation of the
J. Ondrová, M. Úradník
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Legal Realism vs Legal Formalism: Justice Holmes’ Judgment
AntinomiesThe approach to law elaborated by the distinguished American judge Oliver Wendell Holmes Jr. remains poorly studied in Russia due to several methodological obstacles. One of the problems arises when the study is not preceded by a deliberate conceptualization of legal formalism as a general impetus that prompted the American legal community in 19th ...
Bogdan Lesiv
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Justification of the One Hundred and Sixty-Seventh Article of the Constitution Based on the Legal Theory of Ronald Dworkin [PDF]
فلسفه حقوق, 2023 Article 167 of the Constitution obliges the judge to refer to valid fatwas (judicial decrees) and religious sources if there is an insufficiency in the law.
Ahmad Rahdar, Mehdi Nikbin
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The Role of Formalism in Spread of Contemporary Religious Fanaticism [PDF]
Journal of Islamic Political Studies, 2022 In the present age, the religious fanaticism among followers of Takfiri Salafism has had a tremendous effect on the sociopolitical evolutions in some Islamic countries.
Mansour Mir Ahmadi +1 more
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