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The Concept of Socialist Law (Hardcover, New)
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The Concept of Socialist Law (Hardcover, New)
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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.
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