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Legalism
In the Western sense, legalism is an approach to the analysis of legal questions characterised by abstract "logical" reasoning focused 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. 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. In legalism, the task of the judge is to ascertain the answer to a legal question mechanically.
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- Category: General philosophy
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