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Legal formalism



Legal formalism is a Positivist view in jurisprudence and the philosophy of law. While Benthamite positivism can be seen as appertaining to the legislature, legal formalism appertains to the Judge; that is, formalism does not (as positivists do) suggest that the substantive justice of a law is irrelevant, but rather, that in a democracy, that is a question for the legislature to address, not the Judge.



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