"Law in Civil Society" advances a new and comprehensive theory of
how legal institutions should be reformed to uphold the property,
family, and economic rights of individuals in civil society. In so
doing, it offers a powerful challenge to the dominant legal
theories and practices espoused by liberalism, positivism, natural
law, and critical legal thought.
Winfield argues against the prevailing assumptions of legal
philosophers who dogmatically embrace formal or historical
conceptions of law. True law, he contends, must be constructed
within the context of the different spheres of rights and
ultimately can only exist within a civil society committed to
self-determination and community.
Working from these fundamental premises, he analyzes in detail a
rich array of important legal issues: fair access to legal
representation, the rationale for jury trials, appropriate
distinctions between civil and criminal legal procedures, the
controversies pitting common law versus codification and
adversarial versus inquisitorial systems of trial, and the
relationship between civil society and the state.
Much inspired by Hegel's Philosophy of Right, Winfield's study
offers the most convincing critique yet of that renowned
philosopher's work and, in the process, provides a more complete
and coherent conception of law than Hegel himself articulated.
Provocative and highly instructive, the book should attract
scholars, teachers, and students in legal and political philosophy
and anyone else with an abiding interest in the foundations of
Western law.
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