Legalism (Western 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 preexisting body of authoritative legal materials already contains a uniquely predetermined 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]}

See also

• Law portal
• Philosophy portal

• Legalism (Chinese philosophy)
• Interpretivism (legal)
• Legal positivism
• Natural law