An excellent study… [Shklar] presents a skillful analysis and criticism of what legal scholar-philosophers…have written… Provocative—due to the author’s directness, confidence, and clarity—for she offers more intellectual excitement than can be found in textbooks on jurisprudence.

American Political Science Review

[Shklar] has written a startling and original essay criticizing most of contemporary legal philosophy… [This book] is written with a masterful style and a force and conviction rare in legal scholarship. The broad questions presented on its pages are fundamental to a proper conception of the tasks of legal philosophy… In particular, her analysis of legalism is a fully convincing explanation of the connection between law, and ethics and politics; and a demonstration of the need for law to come forth from its not-so-splendid solitude… The abundance of issues which Professor Shklar raises and examines brilliantly from her point of view make her book a constant pleasure to read. From any point of view, <i>Legalism</i> is a highly original and rewarding contribution to legal philosophy.

- Lloyd L. Weinreb, Harvard Law Review

Legalism deals with the area between political theory and jurisprudence. Its aim is to bridge the intellectual gulf separating jurisprudence from other kinds of social theory by explaining why, in the view of historians and political theorists, legalism has fallen short in its approach to both morals and politics. Judith Shklar proposes that, instead of regarding law as a discrete entity resting upon a rigid system of definitions, legal theorists should treat it, along with morals and politics, as part of an all-inclusive social continuum.The first part of the book examines law and morals and criticizes the approach to morals of both the analytical positivists and the natural law theorists. The second part, on law and politics, deals with legalism as a political ideology that comes into conflict with other policies, particularly during political trials.Incisively and stylishly written, the book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
Les mer
Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
Introduction: Law and Ideology PART I: Law and Morals Definitions and Ideologies The Differential Characteristics: Sin, Immorality, and Crime Natural Law and Legal Ideology The Ideology of Agreement PART II: Law and Politics Introduction Justice: the Policy of Legalism Law and International Politics Political Trials: Politics What? The Spirit of Political Judgment A War on Trial A National Ideology as Law: Tokyo Justice and the Remote Past Trying the Remote Future Domestic Political Trials Epilogue Conclusion Notes Index
Les mer
An excellent study… [Shklar] presents a skillful analysis and criticism of what legal scholar-philosophers…have written… Provocative—due to the author’s directness, confidence, and clarity—for she offers more intellectual excitement than can be found in textbooks on jurisprudence.
Les mer

Produktdetaljer

ISBN
9780674523517
Publisert
1986-06-18
Utgiver
Vendor
Harvard University Press
Vekt
340 gr
Høyde
213 mm
Bredde
140 mm
Dybde
17 mm
Aldersnivå
UU, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
264

Forfatter

Biographical note

Judith Shklar was John Cowles Professor of Government at Harvard University and a MacArthur Fellow.