What is "legalism"

Legalism \Le"gal*ism\ (l[=e]"gal*[i^]z'm), n. Strictness, or the doctrine of strictness, in conforming to law.

n. 1 A philosophy of focusing on the text of written law to the exclusion of the intent of law, elevating strict adherence to law over justice, mercy, grace and common sense. 2 A legal axiom; a statement couched as a proverb expressing a rule of law.

n. strict conformity to the letter of the law rather than its spirit

Legalism may refer to:

In philosophy:

• 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

In theology:

• Legalism (theology), a sometimes pejorative term relating to a number of concepts in the Christian theological tradition

In legal theory:

• Liberal legalism, a theory on the relationship between politics and law

Fǎ-Jiā (法家), usually (although inaccurately) translated as Legalism is a classical school of Chinese philosophy. Crucial to laying the "intellectual and ideological foundations of the traditional Chinese bureaucratic empire", many modern scholars consider the "Legalists", and Han Fei in particular as theorists of "monarchic despotism", distinguished by their anti-ministerial stance. Compared with modern social sciences, Its reformers articulated political technique that would ultimately form guiding principles for the First Emperor, Qin Shi Huang, rejecting their Confucian contemporaries espousal of a regime based solely on the charisma of the aristocrats. Its chief object being the concentration of power in the ruler, it has been regarded by the Chinese as having three tendencies: the enforcement of law, the manipulation of statecraft, and the exercise of power. Highly effective in the short run, their dismissiveness of traditional culture, morality and "anti-ministerial" approach earned them enmity. With the fall of the Qin dynasty the imperial administration would often be overlaid with Confucian ideology and customs.

Early developing a highly centralized bureaucratic state, there is little doubt that the greatest amount of creative energy expended by Chinese was in the "theory and practice of government". Chinese administration cannot be traced to any one individual. But it may well be that figures like 4th century BCE reformer Shen Buhai, "totally uninfluenced by either metaphysical or religious considerations", had more influence than any other, and might be considered it's founder, if not valuable as a rare pre-modern example of abstract theory of administration. Sinologists Herrlee G. Creel writes that, in Shen Buhai, we "have the seeds of the civil service examination" and that "If one wishes to exaggerate, it would no doubt be possible to translate Shen Buhai's term Shu, or technique, as ' science', and argue that he was the first political scientist, though Creel does "not care to go this far".

Far in advance of the rest of the world until almost the end of the eighteenth century, the influence of Chinese administration itself reached Europe by the twelfth century. Usually referring to Warring States period philosophers, during the Han Fa-jia would be used for others disliked by the Confucian orthodoxy, like the otherwise Confucianistic reformers Guan Zhong and Xunzi, and the Huang-Lao Taoists. Modernly the "Legalist School" has been considered by some the Realpolitikal thought of the ancient Chinese, and often compared with Machiavelli. Angus Charles Graham called the "Legalists" the "first political philosophers in China 'to start not from how society ought to be but how it is'”. Their writings being "devoid of overarching moral considerations" Creel and Arthur Waley have used the term "Realist" to describe them.

Legalism (or nomism), in Christian theology, is the act of putting law above gospel by establishing requirements for salvation beyond repentance and faith in Jesus Christ and reducing the broad, inclusive and general precepts of the Bible to narrow and rigid moral codes. It is an over-emphasis of discipline of conduct, or legal ideas, usually implying an allegation of misguided rigour, pride, superficiality, the neglect of mercy, and ignorance of the grace of God or emphasizing the letter of law at the expense of the spirit. Legalism is alleged against any view that obedience to law, not faith in God's grace, is the pre-eminent principle of redemption. On the Biblical viewpoint that redemption is not earned by works, but that obedient faith is required to enter and remain in the redeemed state, see Covenantal nomism.

Legalism, in the Western sense, 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.

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.