Law and Justice in Community

Hardcover | September 26, 2010

byGarrett Barden, Tim Murphy

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This book proposes a general theory of the nature of law based on the idea that law exists in all human communities before it is ever posited or in any other sense formally expressed. According to the theory, the nature of law is not captured in what is variously called 'positive law','conventional law', 'state law' or 'human law'. The theory holds that a living law is an omnipresent feature of human community. By 'living law' is meant primarily those normative judgments and choices that are generally accepted and approved in a particular community. The book begins by exploring the origins of civil society and the function of law. The authors adopt the Roman law definition of justice as the willingness to give each what is due, and they examine the mutual rights or entitlements that must be for the most part honoured for any society to survive.In addition to distinguishing natural justice from conventional justice, and in addition to setting out in detail the distinction between distributive justice, rectificatory justice and reciprocal justice, the study analyses justice and the trading order; the nature of adjudication andinterpretation; the relationship between morality, law and legislation; natural law; rights; law and coercion; and the authority and legitimacy of law. While the authors invoke several classical and medieval sources, their account of law and justice in community is innovative and contemporary. It will be of interest to students of philosophy, social anthropology, political science, and those involved in the sociological study of law.

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This book proposes a general theory of the nature of law based on the idea that law exists in all human communities before it is ever posited or in any other sense formally expressed. According to the theory, the nature of law is not captured in what is variously called 'positive law','conventional law', 'state law' or 'human law'. The...

Garrett Barden is Emeritus Professor of Philosophy at University College Cork in Ireland. He received his university education at Dublin, Louvain, Heythrop and Exeter College, Oxford. In the early part of his career he carried out anthropological fieldwork in Warburton, Western Australia, and taught philosophy in New York and Dublin. ...
Format:HardcoverDimensions:336 pages, 9.21 × 6.14 × 0.01 inPublished:September 26, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199592683

ISBN - 13:9780199592685

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Table of Contents

1. Introduction: The Grey Goose2. The Origins of Civil Society and the Function of Law3. Justice, Ownership, and Law4. Natural Justice and Conventional Justice5. Justice and the Trading Order6. Adjudication and Interpretation7. Morality, Law, and Legislation8. Natural Law9. Rights10. The Force of Law11. The Authority and Legitimacy of Law12. Conclusion