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Forgotten Justice : Forms of Justice in the History of Legal and Political Theory

ISBN: 9780199675487 | 0199675481

Format: Hardcover
Publisher: Oxford University Press, USA
Pub. Date: 4/6/2013

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Summary Table of Contents

Challenging the assumptions of modern political and legal philosophy, this book presents a historical account of the development of thinking about justice and political obligations. It argues against the modern fixation with the state, and for a return to traditional conceptions of political community and the law.

Throughout much of the history of political philosophy, many of the great philosophers begin their work with an investigation of private law. Why is this? And why is the central focus of our modern concer... MOREn, the state, examined so late in their works? This book suggests an answer to these and related questions. It reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and the traditional whichbegins with individuals and with the normative relations that exist between them building only slowly towards the community and the state. In the modern view, private law is understood as a method for achieving certain social goals. As such, it can be overlooked by political philosophy. For the traditional view, on the other hand, private law is of central philosophical importance, because it is there that we observe a society's enunciation of its most fundamental political and legal values. Arguing that an understanding of the traditional view is essential to an understanding of private law and political life, this bookhighlights how the modern conception is seriously distorting in this regard. A story unfolds throughout the chapters: the story of the growth and decline of the traditional view in political and legal thought. It challenges the modern fixation with the state, arguing for a return to the traditional view of legal and political community.

This book reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and the traditional which begins with individuals and with the normative relations that exist as between them building only slowly towards the community and the state. On the modern view, the private law is understood as a method for achieving certain social goals. As such, it can be ignoredby political philosophy. For the traditional view, on the other hand, the private law is of central philosophical importance, because it is there that we observe a society's enunciation of its most fundamental political and legal values. Arguing that an understanding of the traditional view isessential to an understanding of the private law and of political life, this book highlights how the modern conception is seriously distorting in this regard. A story unfolds throughout the chapters; the story of the growth and decline of the traditional view in political and legal thought. It shows that the decline is much to be lamented and gives reason to hope that a rebirth may be in the offing.

Introduction
1. The Modern Conception of Political Philosophy and Law
Part I: Discovery
2. Plato: A Beginning
3. Plato: A New Beginning
4. Aristotle
5. Cicero
Part II: Establishment
6. Aquinas
7. Pufendorf
8. Kant
Part III: Forgetting
9. Hobbes
10. Locke
11. The Utilitarians
Part IV: Implications
12. Legal Analysis
13. Political Philosophy
14. Conclusion
Bibliography

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