Legal Definitions - legal formalism

Legal formalism is a theory that suggests legal rules are separate from other social and political institutions. This means that once lawmakers create rules, judges apply them to the facts of a case without considering social interests and public policy. Legal formalism is different from legal realism, which takes into account social and political factors when interpreting laws.

For example, let's say there is a law that states that all drivers must wear a seatbelt while driving. A legal formalist judge would apply this law to a case where a driver was not wearing a seatbelt, regardless of any social or political factors. The judge would not consider whether the driver was in a hurry or if the law was outdated.

Another example is a law that prohibits smoking in public places. A legal formalist judge would apply this law to a case where someone was caught smoking in a park, without considering whether the person was alone or if there were children nearby.

These examples illustrate how legal formalism focuses solely on the law and its application, without taking into account any external factors.