Legalism
From The Art and Popular Culture Encyclopedia
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“Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism – always asking Quid Juris? Or ‘Haven’t you crossed the limit?’ - combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [...] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism (La Folie dans la raison pure). I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it” p. 535-536. --Logics of Worlds by Alain Badiou |
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- 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 and common sense.
- A legal axiom; a statement couched as a proverb expressing a rule of law.
Antonyms
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
