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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Forgotten Justice - Forms of Justice in the History of Legal and Political Theory (Hardcover)
Loot Price: R3,445
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Forgotten Justice - Forms of Justice in the History of Legal and Political Theory (Hardcover)
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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 concern, 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 which begins 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 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 challenges the modern fixation with
the state, arguing for a return to the traditional view of legal
and political community.
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