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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.
In 1881, Holmes published The Common Law, representing a new departure in legal philosophy. He changed the attitude of the law through his writings. The opening sentence captures the pragmatic theme of that work and of Holmes's philosophy of law: "The life of the law has not been logic: it has been experience."
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
Often considered the "culminating" or "greatest" Legalist texts, Han Fei was dubbed by A. C. Graham amongst as the "great synthesizer" of 'Legalism'". [ 8 ] [ 9 ] Sun Tzu 's The Art of War incorporates both a Daoist philosophy of inaction and impartiality, and a 'Legalist' system of punishment and rewards, recalling Han Fei's use of the ...
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Han Fei was a prince of Han, in favor of the study of name/form and law/art, which Sima Qian dubiously espoused as taking root in the Huang-Lao philosophy. He was born a stutterer and was not able to dispute well, but he was good at writing papers.
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 of ...
Shen Dao (c. 350 – c. 275 BC) was a mid Warring states period Chinese philosopher and writer. Noteworthy as a predecessor to both Han Fei and Daoism, [1] his remaining fragments are the most substantial of any Jixia Academy scholar, [2] and may have been well known. [3]