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Legalism (philosophy)


 

Legalism 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.

Related Topics:
Constitution - Legislation - Case law - Social - Economic - Political

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In its narrower versions, legalism perpetuates the simplistic 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; and that the task of the judge is to ascertain that uniquely predetermined answer by an essentially mechanical process.

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