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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
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
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 ...
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.
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.
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 ...
Brian Leiter, American Legal Realism, in The Blackwell Guide to Philosophy of Law and Legal Theory (W. Edmundson & M. Golding, eds., 2003) Michael Steven Green, Legal Realism as Theory of Law, 46 William & Mary Law Review 1915 (2005) Geoffrey MacCormack, Scandinavian Realism 11 Juridical Review (1970) H. Erlanger et al.