Legalism: Law, Morals, and Political Trials
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Book Overview
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.Format:Paperback
Language:English
ISBN:0674523512
ISBN13:9780674523517
Release Date:August 2006
Publisher:Harvard University Press
Length:264 Pages
Weight:0.74 lbs.
Dimensions:0.8" x 5.4" x 8.2"
Related Subjects
Education & Reference Humanities Law Philosophy Politics & Social Sciences TextbooksCustomer Reviews
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A critique of legal positivism
Published by Thriftbooks.com User , 25 years ago
Judith Shklar, recently deceased, wrote this book in 1964 to disprove the legitimacy of law based on legal positivist notions. According to Shklar, law is not based on the evolution of antique writings, but is simply an extension of politics.
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