ABSTRACT

This chapter deals with formalism in the fi rst sense, that is, formalism in the formulation of laws.

The formalistic method can be effectively illustrated by comparing a formalistically-worded law to a non formalistically-worded law. Consider the following Israeli laws:

Where the tenant of a dwelling has died, his spouse shall become the tenant, provided they had been spouses for not less than six months immediately preceding the death of the tenant and had lived together during that period.