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Global legalists believe that international law will solve complex global problems and that states will comply because a legalistic culture will establish faith in international law.
(25) That suggests one of several possibilities: Posner and Easterbrook are both pragmatists (who share the same world view); they both are legalists; they both are influenced by each school of judging; ideology does not matter; or perhaps something else is at play.
The way states are treated by Walzer's legalist paradigm is important for understanding at least two other themes from his philosophy.
In contrast to the legalist model is the attitudinal model of judging, which (with important variants) is the dominant model of political science thinking about the judicial function.
If the Zhou initiated legal ideas and practices, and the Spring and Autumn and Warring States period provided the theoretical foundation for law, the Qin state adopted Legalist methods to centralize control of China.
(67) We will not learn from Crisp the important lesson that puritans had more to offer their votaries than the relentless tortures of legalist penitence.
Scholars in the legalist school have "held that the obsessive scrutiny of nominees' character, qualifications, and--especially--politicolegal views by hostile senators, the news media, and the many interest groups active in the confirmation process" has resulted in "undistinguished" nominees (p.
(26) See THE LEGALIST REFORMATION, supra note 19, at 351 (2001); see William E.
Antonio Franceschet argues that there are two distinct models of the global rule of law: Westphalian and liberal legalist models.
Their early distinctives may be described as a militant fundamentalism with a rigid legalist view of sanctification.
Because of its four century tradition, the baseline of international law and practice clearly understood the international community to be a system of sovereign states, and tended to understand justified use of force on the model of Walzer's legalist paradigm.
The liberal legalist argues that international law ought to be premised on certain values; viz., those favored in liberal political systems: strict equality before the law, accountability, constitutional rights, and, more particularly, rights claimable by individual human beings rather than sovereign states alone.