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OverviewLaw 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. Full Product DetailsAuthor: Richard Dien WinfieldPublisher: University Press of Kansas Imprint: University Press of Kansas Dimensions: Width: 16.20cm , Height: 1.70cm , Length: 23.80cm Weight: 0.345kg ISBN: 9780700606993ISBN 10: 0700606998 Pages: 216 Publication Date: 30 April 1995 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Paperback Publisher's Status: Active Availability: Awaiting stock The supplier is currently out of stock of this item. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out for you. Table of ContentsReviews-Winfield's illuminating study provides a genuine alternative to the reigning theories and approaches in the philosophy of law. His unique perspective is bound to provoke thoughtful debate and advance our understanding of the subject. A well written and welcome addition to the field.---Robert Berman, author of Categorical Justification: Normative Argumentation in Hegel's Practical Philosophy -Winfield's theses are ambitious, challenging, and provocative. His work merits and rewards a close study and should be a welcome addition to the collection of every philosopher of law.---Raymond Belliotti, author of Justifying Law: The Debate over Foundations, Goals, and Methods and Good Sex: Perspectives on Sexual Ethics -An outstanding and important work at the cutting edge of modern scholarship. Winfield's work has the same timbre and role in legal theory as Rawls's work has in the philosophic investigation of justice. It is the book Hegel would have written had he lived in the 1990s, knowing what we know about the political effort of state socialist regimes and the intellectual effort of the American legal realists to do away with the rule of law. It will be tremendously useful for graduate programs in political science, courses in legal theory and jurisprudence in law schools, and undergraduate seminars in modern political and legal thought.---Arthur Jacobson, Cardozo School of Law, Yeshiva University Winfield's illuminating study provides a genuine alternative to the reigning theories and approaches in the philosophy of law. His unique perspective is bound to provoke thoughtful debate and advance our understanding of the subject. A well written and welcome addition to the field. --Robert Berman, author of Categorical Justification: Normative Argumentation in Hegel's Practical Philosophy Winfield's theses are ambitious, challenging, and provocative. His work merits and rewards a close study and should be a welcome addition to the collection of every philosopher of law. --Raymond Belliotti, author of Justifying Law: The Debate over Foundations, Goals, and Methods and Good Sex: Perspectives on Sexual Ethics An outstanding and important work at the cutting edge of modern scholarship. Winfield's work has the same timbre and role in legal theory as Rawls's work has in the philosophic investigation of justice. It is the book Hegel would have written had he lived in the 1990s, knowing what we know about the political effort of state socialist regimes and the intellectual effort of the American legal realists to do away with the rule of law. It will be tremendously useful for graduate programs in political science, courses in legal theory and jurisprudence in law schools, and undergraduate seminars in modern political and legal thought. --Arthur Jacobson, Cardozo School of Law, Yeshiva University -Winfield's illuminating study provides a genuine alternative to the reigning theories and approaches in the philosophy of law. His unique perspective is bound to provoke thoughtful debate and advance our understanding of the subject. A well written and welcome addition to the field.---Robert Berman, author of Categorical Justification: Normative Argumentation in Hegel's Practical Philosophy -Winfield's theses are ambitious, challenging, and provocative. His work merits and rewards a close study and should be a welcome addition to the collection of every philosopher of law.---Raymond Belliotti, author of Justifying Law: The Debate over Foundations, Goals, and Methods and Good Sex: Perspectives on Sexual Ethics -An outstanding and important work at the cutting edge of modern scholarship. Winfield's work has the same timbre and role in legal theory as Rawls's work has in the philosophic investigation of justice. It is the book Hegel would have written had he lived in the 1990s, knowing what we know about the political effort of state socialist regimes and the intellectual effort of the American legal realists to do away with the rule of law. It will be tremendously useful for graduate programs in political science, courses in legal theory and jurisprudence in law schools, and undergraduate seminars in modern political and legal thought.---Arthur Jacobson, Cardozo School of Law, Yeshiva University Winfield's illuminating study provides a genuine alternative to the reigning theories and approaches in the philosophy of law. His unique perspective is bound to provoke thoughtful debate and advance our understanding of the subject. A well written and welcome addition to the field. --<b>Robert Berman</b>, author of <i>Categorical Justification: Normative Argumentation in Hegel's Practical Philosophy</i> Winfield's theses are ambitious, challenging, and provocative. His work merits and rewards a close study and should be a welcome addition to the collection of every philosopher of law. --<b>Raymond Belliotti</b>, author of <i>Justifying Law: The Debate over Foundations, Goals, and Methods</i> and <i>Good Sex: Perspectives on Sexual Ethics</i> An outstanding and important work at the cutting edge of modern scholarship. Winfield's work has the same timbre and role in legal theory as Rawls's work has in the philosophic investigation of justice. It is the book Hegel would have written had he lived in the 1990s, knowing what we know about the political effort of state socialist regimes and the intellectual effort of the American legal realists to do away with the rule of law. It will be tremendously useful for graduate programs in political science, courses in legal theory and jurisprudence in law schools, and undergraduate seminars in modern political and legal thought. --<b>Arthur Jacobson</b>, Cardozo School of Law, Yeshiva University Author InformationTab Content 6Author Website:Countries AvailableAll regions |