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‘Legal Formalism’ and Western legal thought*
Jurisprudence, 2022 According to long-established narratives, legal thinking in Germany, France and the U.S.A. was shaped by formalist legal cultures for the most part of the nineteenth century until the respective legal sciences embraced their social responsibility in the early twentieth century. Recently, legal historians have begun to question these narratives.
Karlson Preuß
semanticscholar +4 more sources
Oxford Handbooks Online, 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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A Timid Defence of Legal Formalism [PDF]
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.
C. Eckes
semanticscholar +6 more sources
Why Legal Formalism Is Not a Stupid Thing [PDF]
Ratio Juris, 2018 Legal formalism is the foil for many theories of law. Yet formalism remains controversial, meaning that its critics focus on claims that are not central.
Paul Troop
exaly +3 more sources
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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Chronology of Conflict between Consent Principle and Formalism in Legal Jurisprudential Literature [PDF]
مطالعات تطبیقی فقه و اصول مذاهب, 2023 Formalism and the consent principle have been open to discussion in law for a long time. When speaking about the principle of consensualism encountering with formalism in law, it is usually concluded that the principle of consensualism is ranked as first
samira chami +2 more
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Hart on Formalism in Legal Reasoning: Implication for Judicial Review [PDF]
Activa Yuris: Jurnal Hukum, 2022 This article articulates the implication of Herbert Lionel Adolphus Hart’s views on formalism for judicial review. Formalism in legal reasoning, being adverse to a court’s exercise of discretionary power, defeats the objective of legal reasoning, which ...
Ngozi Chukwuemeka Aja
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Legal Formalism and Legal Realism
Legal Theory, 2010 Abstract This essay offers a critical discussion of Brian Tamanaha’s book Beyond the Formalist-Realist Divide (2010). Regarding Tamanaha’s historical theses, I argue that (1) Tamanaha adduces enough evidence to state at least a prima facie case against any historian who wants to claim that in the nineteenth-century jurists and ...
Brian Leiter, Leiter, Brian
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Italian Review of Legal HistoryA realistic approach to common law is one of the most authoritative views on the role and potential of judges in law-making. American judge Oliver Wendell Holmes, Jr.
Bogdan Lesiv
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Legal Formalism Abstract Legal formalism is an eternal topic of the modern legal philosophy. However, this does not diminish the relevancy of the topic in the present day.
Podzimek, Zdeněk
exaly +4 more sources