Legal formalism

Selda Dagistanli

doi:10.1002/9781118430873.est0205

Legal formalism

Selda Dagistanli

Western Sydney University

Research output: Chapter in Book / Conference Paper › Chapter

Abstract

Legal formalism, also commonly known as "black letter law," refers to an intellectual perspective that asserts the absolute autonomy of law through a separation of law and politics, while positing the law's immanent intelligibility and coherence. Formalist approaches seek determinate legal outcomes through a process of deductive logic where the premises mobilized and conclusions reached are sourced internally, within the law's "immanent moral rationality," rather than derived from discourses external to law.

Original language	English
Title of host publication	The Wiley Blackwell Encyclopedia of Social Theory
Editors	Bryan S. Turner
Place of Publication	U.K.
Publisher	Wiley-Blackwell
Pages	1-2
Number of pages	2
ISBN (Electronic)	9781118430873
ISBN (Print)	9781118430866
DOIs	https://doi.org/10.1002/9781118430873.est0205
Publication status	Published - 2017

Keywords

law
judicial process

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10.1002/9781118430873.est0205

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title = "Legal formalism",

abstract = "Legal formalism, also commonly known as {"}black letter law,{"} refers to an intellectual perspective that asserts the absolute autonomy of law through a separation of law and politics, while positing the law's immanent intelligibility and coherence. Formalist approaches seek determinate legal outcomes through a process of deductive logic where the premises mobilized and conclusions reached are sourced internally, within the law's {"}immanent moral rationality,{"} rather than derived from discourses external to law.",

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N2 - Legal formalism, also commonly known as "black letter law," refers to an intellectual perspective that asserts the absolute autonomy of law through a separation of law and politics, while positing the law's immanent intelligibility and coherence. Formalist approaches seek determinate legal outcomes through a process of deductive logic where the premises mobilized and conclusions reached are sourced internally, within the law's "immanent moral rationality," rather than derived from discourses external to law.

AB - Legal formalism, also commonly known as "black letter law," refers to an intellectual perspective that asserts the absolute autonomy of law through a separation of law and politics, while positing the law's immanent intelligibility and coherence. Formalist approaches seek determinate legal outcomes through a process of deductive logic where the premises mobilized and conclusions reached are sourced internally, within the law's "immanent moral rationality," rather than derived from discourses external to law.

KW - law

KW - judicial process

UR - http://handle.westernsydney.edu.au:8081/1959.7/uws:46104

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DO - 10.1002/9781118430873.est0205

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SP - 1

EP - 2

BT - The Wiley Blackwell Encyclopedia of Social Theory

A2 - Turner, Bryan S.

PB - Wiley-Blackwell

CY - U.K.

ER -

Legal formalism

Abstract

Keywords

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