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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 ...
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.
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.
In Christian theology, "legalism" (or "nomism") is a pejorative term applied to the idea that "by doing good works or by obeying the law, ...
Realists are interested in methods of predicting judges' decisions with more accuracy, whereas conceptual lawyers are interested in the correct use of legal concepts. Legal realism was primarily a reaction to the legal formalism of the late 19th century and early 20th century and was the dominant approach for much of the early 20th century.
The term was not used to describe these different philosophies until Confucianism, Mohism, and Legalism were created. [3] The era in which they flourished was one of turbulence in China, [4] fraught with chaos and mass militarization, but where Chinese philosophy was developed and patronized by competing bureaucracies. This phenomenon has been ...