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Legislative Intent - And Other Essays on Politics, Law and Morality (Hardcover, New)
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Legislative Intent - And Other Essays on Politics, Law and Morality (Hardcover, New)
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In the last years of his life, Gerald C. MacCallum, Jr. defied
illness to continue his work on the philosophy of law. This book is
a monument to MacCallum's effort, containing fourteen of his
essays, five of them published here for the first time. Two of
those previously published are widely admired and reprinted:
"Legislative Intent", certainly one of the best papers published on
its topic, and "Negative and Positive Freedom", which offered a new
way of looking at a distinction that had been canonical for the
last two centuries. To complete MacCallum's unfinished pieces,
Marcus G. Singer and Rex Martin painstakingly consulted MacCallum's
notes for planned revisions. MacCallum discusses legal reasoning,
the application of rules, the interpretation of statutes and
constitutional provisions, and the relation of these matters to
morality and justice. In the last decade of his working life, he
became greatly concerned with the interrelated themes of integrity,
autonomy, conscience, and violence. He became interested in the
relations between competition and morality and between justice and
adversarial systems of law. These themes are woven together in
Legislative Intent and constitute the main subject of some of the
essays. MacCallum was engaged in a constant search for truth and
understanding and in his life and work lived up to Emerson's vision
of the "American Scholar" as "Man Thinking". These essays are
informed by the author's deep curiosity, penetrating intelligence,
wide knowledge, and outstanding character. They will be treasured
wherever these characteristics and true philosophy are treasured.
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