Forgotten justice : forms of justice in the history of legal and political theory

342 Pages·2013·1.22 MB·English

by  Beever

Forgotten Justice
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Forgotten Justice
The Forms of Justice in the History
of Legal and Political Theory
Allan Beever
1

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1
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© A. Beever, 2013
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First Edition published in 2013
Impression: 1
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To Beth

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Acknowledgements
I would like fi rst to thank the School of Law at the University of
Southampton for allowing me the leave during which I wrote much
of this book. It is with considerable regret that personal circumstances
meant that I was unable, in even a small way, to repay that debt. Thanks
and apologies are in order.
Thanks also to the Leverhulme Trust for the Major Research
Fellowship that facilitated the writing of this book. The break from
teaching was very much appreciated. On that note, thanks also to
the Alexander von Humboldt Foundation for the von Humboldt
Research Fellowship and to the Max-Planck-Institut fü r ausl ä ndisches
und internationales Privatrecht, Hamburg, and Professor Reinhard
Zimmermann in particular, for hosting me during the period in
which, through confrontation with Kant’s work, I formulated the
basic thesis of this book.
I would also like to express my appreciation for the help given to
me by Alex Flach and Natasha Flemming, and others at OUP, in the
preparation of this book. Thanks also to the two anonymous reviewers
who forced me to confront some important matters.
Finally, I would like to express my gratitude to my family. To Tana,
Piri, and Ineawa for putting up with a father whose mind is not always
on the mundane and for reminding me that that is, after all, where the
fun is. And to Cathryn for her unfailing support and love, without
which it would all be pointless.
And to my mother, who has given me so much and whose only
real failing is a lack of a sense of her own rightful honour.
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Contents
Figures xi
Introduction 1
The Modern Conception of Political Philosophy and Law 13
Part I: D iscovery 3 5
Plato: A Beginning 37
Plato: A New Beginning 54
Aristotle 61
Cicero 89
Part II: Establishment 9 5
Aquinas 99
Pufendorf 118
Kant 150
Part III: F orgetting 1 71
Hobbes 175
Locke 207
The Utilitarians 227
Part IV: I mplications 241
Legal Analysis 243
Political Philosophy 278
Conclusion 308
Bibliography 3 11
Index 321
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