Legalism promotes the literal application of laws.
Legalism is a position that promotes laws being applied literally , without taking into account any additional circumstances . The concept also refers to the legal formality that hinders the effective functioning or development of something .
Theory Prevalence
It can be said that legalism relies exclusively on theory , which often conflicts with reality and practical measures. Sometimes there are even contradictions between the written precepts, which causes a problem for legalism.
A supporter of legalism, therefore, seeks to apply positive law beyond consequences and leaving aside the principle of equity . The legalist only accepts the literal meaning of the law.
The aforementioned contradictions and conflicts that legalism can bring can affect all parties involved in the conversation. If a person closes himself to this purely literal view of legal norms , sooner or later he will fall into a circle from which he will not be able to get out, unless he adopts a flexible point of view.
However, if legalism is exercised or imposed by someone with great authority, it may block the development of a third party who cannot defend themselves if they wish to maintain their activity within a legal framework. Governments and companies often use this closed structure to impose certain procedures on the people or workers, respectively.
Negative connotation
The notion of legalism is often used in a negative way to refer to legal obstacles that are considered excessive . For example: “In this country, legalisms mean that businessmen have no incentive to invest,” “The insurance resorted to legalism to not pay me compensation,” “I am fed up with the legalisms that some state agencies use to not meet the needs.” of the people.”
Above we talked about the consequences or scope that legalism can have in the hands of an entity with great authority . In the first example we see that entrepreneurs in a given country are negatively affected by the rules to which their government subjects them, and consequently they do not feel that the investments are worth their effort and time.
We continue with the case of an insurance company that relies on this closed view to avoid complying with the obligation to pay compensation to a client. Unfortunately, cases of this type are not rare and fighting against a corporation is not easy at all. Finally, the issuer is tired of the manipulation that certain parts of the State carry out to exempt themselves from certain responsibilities, relying on legalism to achieve this.
religious legalism
In the field of religion , the idea of legalism is linked to strict respect for God 's laws . The concept, in any case, is often a matter of debate, since everything depends on how divine laws are interpreted and the precepts added by people in the name of divinity .
The worst consequence of religious legalism is the rejection of certain minorities.
Legalism is generally wielded by evangelical Christians as a doctrine focused on a system of rules that allows salvation to be achieved . Legalists maintain that there must be literal and strict adherence to these regulations.
The vision that believers have of the sacred writings changes over the centuries. Today, they are analyzed in a much more flexible way than just a few decades ago, but not everyone accepts this evolution . Legalism in religion prevents the integration of different minorities, such as homosexuals and transsexuals, who are separated from the Church as if they were sinners.