- Shopping Bag ( 0 items )
Review of MetaphysicsAnimating Berkowitz's book is his profound concern that law has abandoned justice as its fundamental aspiration. Once the embodiment of humanity's highest moral ideals, the law has become a mere tool for the pursuit of social and economic interests. This insightful and provocative history of modern legal science aims to explain how this fundamental change in the nature of law occurred. Berkowitz argues that this transformation was ultimately the result of Leibniz's attempt to save law from a crisis of authority by bringing it within the scope of his scientific metaphysics...Berkowitz's narrative encourages a new understanding of the nature of modern legal positivism. Having lost its traditional foundations in natural law, religion, and custom, the essence of modern positive law is its need for scientific justification. Berkowitz's account of the transformation of law from a moral entity into a technical object explains why contemporary jurists tend to disregard the ontological question of law--what is law?--and, at the same time, provides an urgent reminder that this question cannot be ignored.
— Michael B. Mathias