Um, what do you mean exactly by "Legalism"? Wikipedia has four different versions, and I don't see at a glance which one applies here :P
Sorry... according to Wikipedia, what I'm referring to would be Legalism (Chinese philosophy)). I was referring to the belief that having clearly defined rewards and punishments for actions (or in this case, only punishments) is the best path towards a harmonious society.
Cass Sunstein, David Schkade, and Daniel Kahneman, in a 1999 paper named Do People Want Optimal Deterrence, write:
If we're after optimal deterrence, we should punish potentially harmful actions more if they're hard to detect, or else the expected disutility of the punishment is too small. But apparently this does not accord with people's sense of justice.
Does this mean we should change our sense of justice? And should we apply optimal deterrence theory to informal social rewards and punishments, such as by getting angrier at antisocial behaviors that we learned of by (what the wrongdoer thought was) a freak coincidence?