Jump to ContentJump to Main Navigation
Exile, Statelessness, and Migration$
Users without a subscription are not able to see the full content.

Seyla Benhabib

Print publication date: 2018

Print ISBN-13: 9780691167251

Published to Princeton Scholarship Online: May 2019

DOI: 10.23943/princeton/9780691167251.001.0001

Show Summary Details
Page of

PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PRSO for personal use.date: 26 June 2022

Legalism and Its Paradoxes in Judith Shklar’s Work

Legalism and Its Paradoxes in Judith Shklar’s Work

Chapter:
(p.125) 7 Legalism and Its Paradoxes in Judith Shklar’s Work
Source:
Exile, Statelessness, and Migration
Author(s):

Seyla Benhabib

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691167251.003.0007

This chapter begins by analyzing Judith Shklar's early book, Legalism. An Essay on Law, Morals and Politics, in which she distinguishes among aspects of legalism as ideology, as creative policy, and as an ethos of the law. Shklar was unable to explain how these various dimensions of legalism could be reconciled plausibly with one another. Furthermore, while her critique of criminal international law is being revived today in the name of a certain skepticism toward institutions of international law, this critique needs to be balanced against her full-throated defense of the legitimacy of the Nuremberg trials. The final part of this chapter presents the complicated relationship of law and politics in Hannah Arendt's and Shklar's works.

Keywords:   Judith Shklar, legalism, ideology, creative policy, Nuremberg trials, Hannah Arendt

Princeton Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.