JUDITH SHKLAR LEGALISM PDF

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.

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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. Legalism : Law, Morals, and Political Trials. Judith N. Shklar , Judith Nisse Shklar. Natural Law and Legal Ideology. The Ideology of Agreement. Law and International Politics. A War on Trial. Justice and the Remote Past. Trying the Remote Future. Domestic Political Trials. The Spirit of Political Judgment.

Law and Ideology. PART I. Sin Immorality. Politics What? Legalism Judith N.

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Judith Nisse Shklar September 24, — September 17, was an esteemed philosopher and political theorist who studied the history of political thought, notably that of the Enlightenment period, and worked at Harvard University as the John Cowles Professor of Government. She began her studies at McGill University at the age of 16, receiving bachelor of art and master of art degrees in and , respectively. She later recalled that the entrance rules to McGill at the time required points for Jews and for everyone else. Her mentor was the famous political theorist Carl Joachim Friedrich , who, she later recalled, only ever offered her one compliment: "Well, this isn't the usual thesis, but then I did not expect it to be.

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Judith N. Shklar

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