Which term refers to applying laws with minimal discretion, adhering closely to written statutes?

• A. Legal realism
• B. Legal formalism
• C. Deterrence
• D. Punishment

Answer: (B)

Applying laws with minimal discretion and adhering closely to written statutes is the hallmark of legal formalism. This approach treats the law as a coherent system of rules to be applied as written, with judges interpreting statutes by their plain meaning and established formal rules, rather than weighing policy outcomes or social contexts. The goal is predictability and consistency, keeping judicial interpretation tightly bound to the text and recognized canons rather than personal judgment about consequences.

Legal realism, in contrast, emphasizes how law operates in practice and acknowledges that judges’ decisions are shaped by social factors and personal biases, inviting more discretion. Deterrence is a concept about how punishment or the threat of punishment reduces crime, not a method of applying statutes. Punishment refers to the penalties imposed for crimes, not an interpretive approach.