Chapter

THE DECLINE OF FORMALISM AND THE RISE OF VALUES

Menachem Mautner

in Law and the Culture of Israel

Published in print January 2011 | ISBN: 9780199600564
Published online September 2011 | e-ISBN: 9780191729188 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600564.003.0005
THE DECLINE OF FORMALISM AND THE RISE OF VALUES

More Like This

Show all results sharing this subject:

  • Jurisprudence and Philosophy of Law

GO

Show Summary Details

Preview

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 the Court to downplay the cultural gap that prevailed at the time between its liberal values and the collectivist values of the country's hegemonic culture. In the 1980s and 1990s, however, a new, value-laden jurisprudence, which exposes the normative meaning and distributive implications of the law, gained ascendancy in the Court's opinions. The second change was a shift in the Court's view of itself from a professional institution whose role is to settle disputes, to a view of itself as a political institution that participates in determining the values that prevail in the country and the distribution of its material resources.

Keywords: legal formalism; Max Weber; Anglicization of law; Aharon Barak; purposive interpretation

Chapter.  11184 words. 

Subjects: Jurisprudence and Philosophy of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.