Some legal systems permit "equitable discretion" or departures in hard cases. Others insist that the judge’s role is to apply law, and if the law is unjust, the legislature—not the judge—must fix it. This clash between fidelity and mercy has produced centuries of debate between legal formalists and legal realists.
The formalist argues that fidelity means applying the plain text of the statute, even if it produces an unjust result. The judge’s role is not to rewrite law but to apply it. If the law is evil, the remedy is legislative repeal, not judicial rebellion. fidelity to law meaning
Both camps claim fidelity. This reveals a crucial insight: Reasonable jurists can disagree about what fidelity requires in a hard case. What separates faithful from unfaithful judging is not reaching the “correct” outcome, but using legal reasons, engaging with text and precedent honestly, and avoiding outcomes dictated solely by personal morality or politics. The formalist argues that fidelity means applying the
“Fidelity to the rule of law can have no other meaning.” Both camps claim fidelity
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