Logo
Unionpedia
Communication
Get it on Google Play
New! Download Unionpedia on your Android™ device!
Install
Faster access than browser!
 

Legal formalism

Index Legal formalism

Legal formalism is both a positive or descriptive theory of adjudication and a normative theory of how judges ought to decide cases. [1]

29 relations: Adjudication, Antonin Scalia, Black's Law Dictionary, Case law, Civil law (legal system), Codification (law), Common law, Critical legal studies, Executive (government), Human rights, Instrumentalism, Judicial activism, Judiciary, Justice, Law, Legal positivism, Legal realism, Legislature, Metacognition, Normative, Originalism, Plain meaning rule, Precedent, Reasonable doubt, Rule according to higher law, Separation of powers, Supreme Court of the United States, Trier of fact, United States Constitution.

Adjudication

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.

New!!: Legal formalism and Adjudication · See more »

Antonin Scalia

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016.

New!!: Legal formalism and Antonin Scalia · See more »

Black's Law Dictionary

Black's Law is the most widely used law dictionary in the United States.

New!!: Legal formalism and Black's Law Dictionary · See more »

Case law

Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent.

New!!: Legal formalism and Case law · See more »

Civil law (legal system)

Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.

New!!: Legal formalism and Civil law (legal system) · See more »

Codification (law)

In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.

New!!: Legal formalism and Codification (law) · See more »

Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

New!!: Legal formalism and Common law · See more »

Critical legal studies

Critical legal studies (CLS) is a school of critical theory that first emerged as a movement in the United States during the 1970s.

New!!: Legal formalism and Critical legal studies · See more »

Executive (government)

The executive is the organ exercising authority in and holding responsibility for the governance of a state.

New!!: Legal formalism and Executive (government) · See more »

Human rights

Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, December 13, 2013, Stanford Encyclopedia of Philosophy,, Retrieved August 14, 2014 that describe certain standards of human behaviour and are regularly protected as natural and legal rights in municipal and international law.

New!!: Legal formalism and Human rights · See more »

Instrumentalism

Instrumentalism is one of a multitude of modern schools of thought created by scientists and philosophers throughout the 20th century.

New!!: Legal formalism and Instrumentalism · See more »

Judicial activism

Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law.

New!!: Legal formalism and Judicial activism · See more »

Judiciary

The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state.

New!!: Legal formalism and Judiciary · See more »

Justice

Justice is the legal or philosophical theory by which fairness is administered.

New!!: Legal formalism and Justice · See more »

Law

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

New!!: Legal formalism and Law · See more »

Legal positivism

Legal positivism is a school of thought of analytical jurisprudence, largely developed by eighteenth- and nineteenth-century legal thinkers such as Jeremy Bentham and John Austin.

New!!: Legal formalism and Legal positivism · See more »

Legal realism

Legal realism is a naturalistic approach to law, and is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence.

New!!: Legal formalism and Legal realism · See more »

Legislature

A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city.

New!!: Legal formalism and Legislature · See more »

Metacognition

Metacognition is "cognition about cognition", "thinking about thinking", "knowing about knowing", becoming "aware of one's awareness" and higher-order thinking skills.

New!!: Legal formalism and Metacognition · See more »

Normative

Normative generally means relating to an evaluative standard.

New!!: Legal formalism and Normative · See more »

Originalism

In the context of United States constitutional interpretation, originalism is a way to interpret the Constitution's meaning as stable from the time of enactment, which can be changed only by the steps set out in Article Five.

New!!: Legal formalism and Originalism · See more »

Plain meaning rule

The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts.

New!!: Legal formalism and Plain meaning rule · See more »

Precedent

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

New!!: Legal formalism and Precedent · See more »

Reasonable doubt

Reasonable doubt is a term used in jurisdiction of common law countries.

New!!: Legal formalism and Reasonable doubt · See more »

Rule according to higher law

The rule according to a higher law means that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice.

New!!: Legal formalism and Rule according to higher law · See more »

Separation of powers

The separation of powers is a model for the governance of a state.

New!!: Legal formalism and Separation of powers · See more »

Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

New!!: Legal formalism and Supreme Court of the United States · See more »

Trier of fact

A trier of fact, or finder of fact, is a person, or group of persons, who determines facts in a legal proceeding, usually a trial.

New!!: Legal formalism and Trier of fact · See more »

United States Constitution

The United States Constitution is the supreme law of the United States.

New!!: Legal formalism and United States Constitution · See more »

Redirects here:

Democratic formalism, Formalism (law).

References

[1] https://en.wikipedia.org/wiki/Legal_formalism

OutgoingIncoming
Hey! We are on Facebook now! »