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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
Reality, and the facts that surround it, are personally subjective and laden with assumptions based on clearly stated facts. Anna-Maria Marshall [ 3 ] states, this shift in framing happens because our perceptions depend "on new information and experiences"; this very idea is the basis of Ewick and Sibley definition of legality – our everyday ...
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 ...
Han Fei is often considered the greatest representative of Legalism for the Han Feizi, a later anthology of writings traditionally attributed to him, [3] which synthesized the methods of his predecessors. [4] Han Fei's ideas are sometimes compared with those of Niccolò Machiavelli, [5] author of The Prince. [6]
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
Additionally, legalism pejoratively refers to the view that Christians should not engage in social practices perceived as contrary to a Christian witness, such as gambling, dancing, consuming alcohol, enjoying secular entertainment, or wearing immodest clothing; abstinence from these things is found among fundamental Baptist, Conservative ...
Legalism survived in a diluted form after the Han dynasty succeeded the Qin. It was recognised that there was a need for complex penal and administrative codes that enabled the emperor to govern the country through a hierarchy of ministers and officials, all ultimately responsible to him.