However, how do the literatures define Formalism? Google the word Formalism andWikipedia would be first in line. Formalism, accordingly, emphasizes on the form rather than the content or the meaning of terms in the arts, literature and philosophy. Formalismadheres to the “rules of the game”, that there is no other external truth beyond the givenrules. The practitioners of formalism are called formalists. A formalist holds that there isno transcendental meaning aside from the literal meaning created by the practitioner,
formalists see mathematics as no more than the symbols written down by themathematicians, and the symbols based from logic and a few elementary rules. The non-formalists would argue otherwise. In mathematics, there are some things that areintuitively true and are not necessarily dependent on the symbols.To form more complex and descriptive concepts, “formalism” was also mixed with anumber of terms. A procedural formalist believes that the success of a substantive legalclaim depends on procedural rules. A transactional formalist recognizes that there arespecific formalities for transactions such as contracts and marriages.
solemn or formal contracts require a fourth requisite—compliance with the formalitiesrequired by law. A simple donation
of land requires a public instrument for its perfection.
An administrative formalist sees the exercise of state power as surrounded by procedural and transactional formalities.
“private property shall not betaken for public use without just compensation.”
A rule formalist has general preferenceof rules over standards. The textual interpretative formalist, on the other had, can either be a literalist or an originalist. A literalist refuses to vary the meaning according tocontext, and an originalist finds meaning only through the context at the time of theenactment. A precedential interpretative formalist interprets according to the meaning of norms derived from the holdings of prior cases.
Paras, Edgardo, Comment on Article 1318 of the Civil Code of the Philippines,
Civil Code of the Philippines Annotated 16
, page 596.
Article III Section 9,