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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.
This book investigates the necessity and role of legal institutions within a socialist framework, challenging the traditional leftist dismissal of liberal legal mechanisms. Christine Sypnowich, a scholar in legal and political philosophy, examines how socialist theory can integrate constructive legal structures to manage the tension between private and public interests. By analyzing core tenets of liberal jurisprudence, the author constructs a theoretical argument for why law remains an essential component of a just society, regardless of its economic organization.
What You Will Find
Scholars and students of political philosophy frequently cite this work as a significant contribution to the debate on socialist legal theory. The text is noted for its rigorous analytical approach, making it a standard reference for those exploring the intersection of law and radical political thought.
Page Count:
216
Publication Date:
1990-03-22
Publisher:
Clarendon Press
ISBN-10:
0198252463
ISBN-13:
9780198252467
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