Legalism (Western philosophy)

Not to be confused with: Legalism (Chinese philosophy)

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 has occurred both in civil and common law traditions. It underlines both natural law and legal positivism.^[2] In its narrower versions, legalism may endorse the notion that the pre-existing body of authoritative legal materials already contains a uniquely pre-determined right answer to any legal problem that may arise.

Legalism typically also claims that the task of the judge is to ascertain the answer to a legal question by an essentially mechanical process rather than some Schmittian modality of sovereignty.^{[citation needed]}

References[edit]

^ Shklar, Judith N. (1986). Legalism: Law, Morals, and Political Trials. Cambridge, Massachusetts: Harvard University Press. p. 1. ISBN 0-674-52351-2.
^ West, Robin (2003). "Reconsidering Legalism". Minnesota Law Review. Vol. 88. p. 119. Retrieved 10 July 2020.

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[1] Shklar, Judith N. (1986). Legalism: Law, Morals, and Political Trials. Cambridge, Massachusetts: Harvard University Press. p. 1. ISBN 0-674-52351-2.

[2] West, Robin (2003). "Reconsidering Legalism". Minnesota Law Review. Vol. 88. p. 119. Retrieved 10 July 2020.

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