ABSTRACT
This chapter deals with formalism in the first sense, that is, formalism in the formulation of laws. ‘Formalism’ in the legal context has a number of meanings. It can refer to formalism in the wording or formulation of rules of law, judicial formalism, and formalism in the procedural rules constituting the overall process of achieving a legal objective. The formalistic method can be effectively illustrated by comparing a formalistically-worded law to a non formalistically-worded law. The inherent advantage of formalistic formulation is that it clearly delineates lawful actions from unlawful actions. The function of ‘standards and measures’ in tort law is debated in tractate Baba Batra. Jewish law exemplifies a legal system characterized by formalistic formulation of laws. Critics of talmudic law, both from within and without, have attacked this feature, perceiving it as evidence of narrow-mindedness and excessive pedantry.
