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.
Rare is the person who has never known the feelings of apathy, sorrow, and uselessness that characterize the affliction known as melancholy. In this book, one of Europe's leading intellectuals shows that melancholy is not only a psychological condition that affects individuals but also a social and cultural phenomenon that can be of considerable help in understanding the modern middle class. His larger topic is, in fact, modernity in general.
Lepenies focuses not on what melancholy is but on what it means when people claim to be melancholy. His aim is to examine the origin and spread of the phenomenon with relation to particular social milieux, and thus he looks at a variety of historical manifestations: the fictional utopian societies of the Renaissance, the ennui of the French aristocracy in the seventeenth century, the cult of inwardness and escapism among the middle class in eighteenth-century Germany. In each case he shows that the human condition is shaped by historical and societal forces--that apathy, boredom, utopian idealism, melancholy, inaction, and excessive reflection are the correlates of class-wide powerlessness and the failure of purposeful efforts.
Lepenies makes inventive use of an extraordinary range of sociological, philosophical, and literary sources, from Robert Burton's Anatomy of Melancholy to the ideas of contemporary theorists such as Robert K. Merton and Arnold Gehlen. His study gains added richness from its examination of writers whose works express the melancholy of entire social classes--writers such as La Rochefoucauld, Goethe, and Proust. In his masterly analysis of these diverse ideas and texts, he illuminates the plight of people who have been cast aside by historical change and shows us the ways in which they have coped with their distress. Historians, sociologists, psychologists, students of modern literature, indeed anyone interested in the problems of modernity will want to read this daring and original book.
The seven deadly sins of Christianity represent the abysses of character, whereas Judith Shklar’s “ordinary vices”—cruelty, hypocrisy, snobbery, betrayal, and misanthropy—are merely treacherous shoals, flawing our characters with mean-spiritedness and inhumanity.
Shklar draws from a brilliant array of writers—Molière and Dickens on hypocrisy, Jane Austen on snobbery, Shakespeare and Montesquieu on misanthropy, Hawthorne and Nietzsche on cruelty, Conrad and Faulkner on betrayal—to reveal the nature and effects of the vices. She examines their destructive effects, the ambiguities of the moral problems they pose to the liberal ethos, and their implications for government and citizens: liberalism is a difficult and challenging doctrine that demands a tolerance of contradiction, complexity, and the risks of freedom.
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