Political Justice: Foundations for a Critical Philosophy of Law and the State

Political Justice: Foundations for a Critical Philosophy of Law and the State
ISBN-10
0745692389
ISBN-13
9780745692388
Series
Political Justice
Category
Political Science
Pages
368
Language
English
Published
2018-03-12
Publisher
John Wiley & Sons
Author
Otfried Hoffe

Description

Otfried Höffe is one of the foremost political philosophers inEurope today. In this major work, already a classic in continentalEurope, he re-examines philosophical discourse on justice - fromClassical Greece to the present day. Höffe confronts what he sees as the two major challenges toany theory of justice: the legal, positivist claim that there areno standards of justice external to legal systems; and theanarchist claim that justice demands the rejection and abolition ofall legal and state systems. Höffe sets out to continue the 'philosophical project ofmodernity', the legitimation of human rights, and their guaranteeby the state, while at the same time rehabilitating the classicaltheory of political justice represented by Plato and Aristotle. Hequestions the success of the positivists in avoiding extra-legalnormative claims, and casts doubt on the plausibility of theircriticism of the Natural Law tradition. Most anarchists, he argues,rely on an uncritical assumption that social institutions otherthan states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and thegrounds for its justification must be examined. Principles ofjustice will be those principles which define fundamental rights,and which must be enforced if rights are to be respected.

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