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Synopsis
Throughout much of the history of political philosophy, many of the great philosophers begin their work with an investigation of private law. Why is this? And why is the central focus of our modern concern, the state, examined so late in their works? This book suggests an answer to these and related questions. It reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and the traditional which begins with individuals and with the normative relations that exist between them building only slowly towards the community and the state.
In the modern view, private law is understood as a method for achieving certain social goals. As such, it can be overlooked by political philosophy. For the traditional view, on the other hand, private law is of central philosophical importance, because it is there that we observe a society's enunciation of its most fundamental political and legal values. Arguing that an understanding of the traditional view is essential to an understanding of private law and political life, this book highlights how the modern conception is seriously distorting in this regard.
A story unfolds throughout the chapters: the story of the growth and decline of the traditional view in political and legal thought. It challenges the modern fixation with the state, arguing for a return to the traditional view of legal and political community.
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About the Author
Allan Beever is a Professor of Law at the University of South Australia. He has previously taught or held visiting positions at the Universities of Ottawa, Southampton, Durham, the Max-Planck-Institut fur auslandisches und internationales Privatrecht, Hamburg, and the University of Auckland. His research focuses on the theory of tort law and the law of obligations more widely, on political and legal theory, and on the history of philosophy.
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- PublisherOxford University Press
- Publication date2013
- ISBN 10 0199675481
- ISBN 13 9780199675487
- BindingHardcover
- LanguageEnglish
- Number of pages342
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Hardcover. Condition: new. Hardcover. Throughout much of the history of political philosophy, many of the great philosophers begin their work with an investigation of private law. Why is this? And why is the central focus of our modern concern, the state, examined so late in their works? This book suggests an answer to these and related questions. It reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and thetraditional which begins with individuals and with the normative relations that exist between them building only slowly towards the community and the state. In the modern view,private law is understood as a method for achieving certain social goals. As such, it can be overlooked by political philosophy. For the traditional view, on the other hand, private law is of central philosophical importance, because it is there that we observe a society's enunciation of its most fundamental political and legal values. Arguing that an understanding of the traditional view is essential to an understanding of private law and political life, this book highlights how the modernconception is seriously distorting in this regard. A story unfolds throughout the chapters: the story of the growth and decline of the traditional view in political and legalthought. It challenges the modern fixation with the state, arguing for a return to the traditional view of legal and political community. Challenging the assumptions of modern political and legal philosophy, this book presents a historical account of the development of thinking about justice and political obligations. It argues against the modern fixation with the state, and for a return to traditional conceptions of political community and the law. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780199675487
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Forgotten Justice : Forms of Justice in the History of Legal and Political Theory
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