Download publication: Mazab Formalism of Law and Critical Legal Theory – Donny Danardono

TL;DR:

• The Formalism of Law doctrine emphasizes the formation and implementation of law as something autonomous and free from non-legal matters such as politics, economy, and culture. The validity of the law is determined by formal procedures (established by legitimate institutions or authorities, through legitimate procedures, in accordance with internal logic).
• Critical Legal Theory (CLS) doctrine shows the absolute connection between the making and enforcement of laws with various non-legal matters (economic, political, and cultural situations) and the identity of legal subjects (class, gender, sexual orientation). Critical Law questions the partiality and examines who benefits the most from the existing law. Critical Legal Theory denies the objectivity and neutrality of the law and highlights discrimination that legal formalism cannot address.
• Legal Pluralism upholds the involvement of non-state social norms that help shape the law and can be juxtaposed with state law.
• Habermas’s Legal Communication Theory emphasizes the importance of integrating the form and content of law from the formalism, legal positivism, and natural law theory. The validity of the law arises from rational public communication and not just formal procedures.