... presumably includes some aspect of judicial, economic, or social quality. DLLS show that legal formalism is not only associated with higher duration of dispute resolution. These authors argue that it is also associated with inferior quality of justice, as reflected by participants’ lower confidence...

... procedure legal formalism judicial independence rule of law investment growth The relationship between a country’s legal system and its economic performance is still not completely understood. Some facets of the relationship are fairly obvious, of course. For example, flourishing economies crucially...

... Indonesian Conference on Religion and Peace Indonesian Conference for Religion and Peace ICRP Tempo freedom of religion Fiqh Legal formalism Hermeneutics Islamic law Maqasid al-shari’a Perda shariat Sharia Substantivism Usul al fiqh Political maneuvering between 1999 and 2002 frustrated...

...This chapter outlines Hegel's critique of legal formalism, which generates his later excursus into ethicality and the shapes of ethical ethê. It begins by returning to Hegel's phenomenological description of how an individual thinks. It then turns to his description of the moral content...

...? This chapter addresses each of these issues in turn. Once the philosopher appreciates, however, how the civil society replicates the legal formalism described in Chapter 5, the philosopher will journey into the final domestic shape of domestic legal consciousness: the organic legal order. Sittlichkeit...

...This chapter identifies three shapes of international legal consciousness: international law as abstract right; international law as civil society; and an organic world history. It begins by privileging Kant's legal formalism and Hegel's critique of the formalism. In the first shape...

...This concluding chapter raises the following questions that draw from Hegel's philosophy of the legitimacy of a modern legal order: Does Hegel's legal philosophy escape from legal formalism? Is the legal order legitimate independent of the arbitrary will? It then questions whether Hegel's legal...

...Soviet criminal policy of the mid-1930s shows that the Great Terror of 1937–8 was not a minutely planned operation. It was part of a penal strategy that oscillated between attempts to institute legal formalism and the recourse to mass repression. On the eve of the Terror, proponents of judicial...

...This chapter describes the second period of American legal history, the period of legal formalism. It specifically provides a discussion of late nineteenth and early twentieth-century legal formalism in the United States. The thesis of this chapter is that the commonly accepted idea of a ‘revolt...

.... In particular, reliance on soft law instruments of the CoE remains problematic, in part due to legal formalism inherited from the country’s socialist past. 17.77 Finally, as a side note...

... of legal formalism, and interpretations of two major novels—George Schuyler’s satirical Black No More (1931) and Ralph Ellison’s acclaimed Invisible Man (1952)—this chapter depicts the legal and literary effects of a half-century’s misconstruing of the Fourteenth Amendment...

... government Sirhindī Aḥmad ʿulamāʾ authority religious Ghazālī Abū Ḥāmid Muftiate sharīʿa Marjānī Shihāb al Dīn reformism tajdīd tradition taqlid tarjih legal theory (usul al-fiqh) jurisprudence (fiqh) sharia madhhab Hanafism Abd al-Rahim Utiz-Imani (Gabderrakhim Utyz-Imiani) legal formalism...

... the meaning of “legal realism” in legal theory and jurisdiction, explaining the pitfalls of erroneous terms. It then proceeds to describe how the opposite view is best described as “legal formalism,” with various examples from rabbinic law. Upon conclusion, it distinguishes “essentialism” as a legal term...

... we are beholden like it or not, but a type of desired or ideal governmental practice comprising elements of authority, obligation, restraint, regularity, fairness, evenhandedness, transparency, and accountability. In a parallel use, “legal formalism” names a preference respecting modes of expression...

..., and as-y et unrefuted, objections to positivist methodology. In How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers , W. Bradley Wendel comments on the role morality of lawyers and on the relationship between legal ethics, private law theory, and general...

... explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism. This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language...

...This chapter discusses two significant changes discernible in the jurisprudence of Israel's Supreme Court in the 1980s and 1990s. First, the canonical reasoning in the Court's opinions from the establishment of the State of Israel in 1948 until the 1980s was formalistic. Legal formalism enabled...

... formalism Holmes’ proto realism jurisprudence Langdellian formalism legal formalism legal realism rules torts adaptive toolbox heuristics and biases H&B school acceptability Classical synthesis comprehensiveness legal system Langdell’s classical synthesis legal system rational choice...