000 02483pam a2200313 a 4500
001 3333652
005 20240919143202.0
008 851029r19861964mau b 001 0 eng
010 _a 85027496
020 _a0674523512 (pbk.)
020 _a9780676523517 (Paperback)
040 _aDLC
_cDLC
_dDLC
050 0 0 _aK250
_b.S47 1986
082 0 0 _a340.1
_219
100 1 _aShklar, Judith N.
245 1 0 _aLegalism :
_blaw, morals, and political trials /
_cby Judith N. Shklar.
260 _aCambridge, Mass. :
_bHarvard University Press,
_c1986.
300 _axiv, 246 p. ;
_c21 cm.
365 _bRs. 3100.00
500 _aOriginally published: 1964.
500 _aIncludes index.
504 _aBibliography: p. [227]-242.
505 _aIntroduction: Law and Ideology: PART I: Law end 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.
520 _aLegalism 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.
650 0 _aLaw
_xPhilosophy.
650 0 _aLaw and ethics.
650 0 _aLaw
_xPolitical aspects.
942 _2ddc
_cBK
999 _c212760
_d212760