Otfried Höffe is one of the foremost political philosophers in Europe
today. In this major work, already a classic in continental Europe, he
re-examines philosophical discourse on justice - from Classical Greece
to the present day. Höffe confronts what he sees as the two major
challenges to any theory of justice: the legal, positivist claim that
there are no standards of justice external to legal systems; and the
anarchist claim that justice demands the rejection and abolition of
all legal and state systems. Höffe sets out to continue the
'philosophical project of modernity', the legitimation of human
rights, and their guarantee by the state, while at the same time
rehabilitating the classical theory of political justice represented
by Plato and Aristotle. He questions the success of the positivists in
avoiding extra-legal normative claims, and casts doubt on the
plausibility of their criticism of the Natural Law tradition. Most
anarchists, he argues, rely on an uncritical assumption that social
institutions other than states and legal orders do not coerce. In
Höffe's view, some coercion is unavoidable, and the grounds for its
justification must be examined. Principles of justice will be those
principles which define fundamental rights, and which must be enforced
if rights are to be respected.
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Foundations for a Critical Philosophy of Law and the State
Produktdetaljer
ISBN
9780745694771
Publisert
2018
Utgave
1. utgave
Utgiver
Vendor
Wiley Professional, Reference & Trade
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter