In aiming to remedy the contempt for law prominent in socialist writings, this book looks at liberal jurisprudence to see how it fares in a socialist theory which takes a constructivist approach to law. The rule of law, natural and legal rights and obligations are among the topics covered.
While political thinkers on the left are undisputably concerned with justice, they dismiss those legal institutions which, in liberal capitalist societies, have insured some minimum measure of justice in citizen's lives. Here, Sypnowich argues against this doctrine by showing that however ideal a society socialists envisage, legal institutions would be necessary to fairly adjudicate conflict between private and public interests. Each chapter addresses an issue in liberal jurisprudence to see how it would fare in a socialist theory that takes a constructive approach to law. Among the subjects covered are the rule of law, natural and legal rights, obligation, and the sources of law.
'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)