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Legalism, in the Western sense, is the ethical attitude that holds moral conduct as a matter of rule following. [1] It is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context.
Legalism (Chinese philosophy), Chinese political philosophy based on the idea that a highly efficient and powerful government is the key to social order; Legalism (Western philosophy), a concept in Western jurisprudence; Legalism (theology), a sometimes pejorative term relating to a number of concepts in the Christian theological tradition
Fajia (Chinese: 法家; pinyin: fǎjiā), or the School of fa (laws, methods), often translated as Legalism, [1] is a school of mainly Warring States period classical Chinese philosophy. Often interpreted in the West along realist lines, its members variously contributed to the formation of the bureaucratic Chinese empire , and early elements ...
Legalism greatly influenced the philosophical basis for the imperial form of government. During the Han dynasty , the most practical elements of Confucianism and Legalism were taken to form a sort of synthesis, marking the creation of a new form of government that would remain largely intact until the late 19th century, with continuing ...
The idea that legal talk of "duty", "right", etc. is really just talk about how judges are likely to decide cases, is a clear example of how many realists tried to purge law of moralistic language and translate everything into "realistic" talk of actual consequences and testable predictions.
The main antecedent of legal positivism is empiricism, the thinkers of which range back as far as Sextus Empiricus, Thomas Hobbes, John Locke, George Berkeley, David Hume, and Auguste Comte. The main idea of empiricism is the claim that all knowledge of fact must be validated by sense experience or be inferred from propositions derived ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Han Fei's strict methods were appropriate in a context of social decadence. Phan Ngọc claimed that Han Fei's writings has three drawbacks, however: first, his idea of Legalism was unsuited to autocracy because a ruling dynasty will sooner or later deteriorate.