LEGALISM
legalism, n.1. Formalism carried almost to the point of meaninglessness; an inclination to exalt the importance of law or formulated rules in any area of action.
¡°What is legalism? It is the ethical attitude that holds moral conduct to be a matter of rule following, and moral relationships to consist of duties and rights determined by rules.¡± Judith N. Shklar, Legalism: Law, Morals, and Political Trials 1 (1964).
¡°If … the law and the lawyer are to make a socially valuable contribution to the operation of the social security system, there must be abandoned old-established habits of thought as to the nature of law and the whole gamut of practices summed up in the layman’s word of deadly insult, ¡®legalism¡¯ ¡ª his word for rigid attachment to legal precedent, the substitution of legal rule for policy, the fettering of discretion, the adversary style, the taking of technical points, formality.¡± Leslie Scarman, English Law ¡ª The New Dimension 43 (1974).
2. A mode of expression characteristic of lawyers; a jargonistic phrase characteristic of lawyers, such as ¡°pursuant to.¡±
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