The Concept of Socialist Law

Hardcover | May 1, 1995

byChristine Sypnowich

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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 tofairly 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 areamong 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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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 ...

Christine Sypnowich is of the Department of Philosophy at Queen's University in Ontario.

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Hardcover|Dec 16 2016

$191.98 online$203.00list price(save 5%)
Format:HardcoverDimensions:210 pages, 8.5 × 5.43 × 0.75 inPublished:May 1, 1995Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198252463

ISBN - 13:9780198252467

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'this work is excellent ... It is a must read for anyone interested in ethics, social and political theory, socialist theory and philosophy of law. It is accessible, yet not superficial, and very informative.'Bruce Wardhaugh, University of Victoria, Con. Philosophical Reviews, V.XI, No. 5 - V.XII, No. 1 (Oct 91 - Jan 92)