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In the last years of his life, Gerald C. MacCallum, Jr., defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum’s effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: “Legislative Intent,” certainly one of the best papers ever published on its topic, and “Negative and Positive Freedom,” which offered a new way of looking at a distinction that had been canonical for the last two centuries.
To complete MacCallum’s unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum’s notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He wished to relate competition to morality and justice to adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays.
MacCallum was engaged in a constant search for truth and understanding, and in his life and work lived up to Emerson’s vision of the “American Scholar” as a “human being thinking.” These essays are informed by the author’s deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured.
|Notes on Contents|
|1||Legislative Intent 1966||3|
|2||Censorship in the Arts 1964||36|
|3||On Applying Rules 1966||64|
|4||Berlin on the Compatibility of Values, ideals, and "Ends" 1967||75|
|5||Negative and Positive Freedom 1967||85|
|6||Some Truths and Untruths about Civil Disobedience 1970||102|
|7||Reform, Violence, and Personal Integrity 1971||127|
|8||Law, Conscience, and Integrity 1973||139|
|9||The Extent to Which Legislators Should Serve Their Consciences or Their Constituents 1981||153|
|10||Dworkin on Judicial Discretion 1963||168|
|11||Violence and Appeals to Conscience 1974||178|
|12||Competition and Moral Philosophy 1975||203|
|13||Justice and Adversary Proceedings 1977||224|
|14||What Is Wrong with Violence? 1970||235|
|Bibliography of the Writings of Gerald C. MacCallum, Jr.||259|