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Zusatztext 'this work is excellent ... It is a must read for anyone interested in ethics! social and political theory! socialist theory and philosophy of law. It is accessible! yet not superficial! and very informative.'Bruce Wardhaugh! University of Victoria! Con. Philosophical Reviews! V.XI! No. 5 - V.XII! No. 1 (Oct 91 - Jan 92) Klappentext While political thinkers on the left are undisputably concerned with justice, they dismiss those legal institutions which, in liberal capitalist societies, have insured some minimum measure of justice in citizen's lives. Here, Sypnowich argues against this doctrine by showing that however ideal a society socialists envisage, legal institutions would be necessary to fairly adjudicate conflict between private and public interests. Each chapter addresses an issue in liberal jurisprudence to see how it would fare in a socialist theory that takes a constructive approach to law. Among the subjects covered are the rule of law, natural and legal rights, obligation, and the sources of law. Zusammenfassung This book seeks to remedy the contempt for law prominent in socialist writings. While political thinkers on the left are indisputably concerned with justice, they dismiss those legal institutions which, in liberal capitalist societies, have ensured some minimum measure of justice in citizens' lives. Marxists in particular have tended to reduce law to a capitalist apparatus necessary to mediate conflict between egoistic wills or social classes. The book argues against this doctrine by showing that however ideal a society socialists envisage, legal institutions would be necessary to fairly adjudicate conflict between private and public interests. Each chapter takes up an issue in liberal jurisprudence to see how it would fare in a socialist theory which takes a constructive approach to law. The rule of law, natural and legal rights, obligations, and the sources of law are among the subjects covered. The book concludes that a socialist concept of law would enrich, not only debates about the nature of socialism, but also debates about community and justice which preoccupy `mainstream' political theory and jurisprudence....
