The relation of law and justice plays a considerable part in philosophy of law. Legal positivism claims that law and justice can be looked at separately. The author does not endorse that position but tries to analyze this relation going back to a classic, Aristotle's treatise on justice in the fifth book of his Nicomachean Ethics. In nine legal lines of argument, he presents how Aristotle's arguments are still valid today, how they are implemented in - and in what way they serve as a basis for - today's law, and to what extent they are a fundamental background for daily legal practice. Following the structure of the original text, the author compares and contrasts Aristotle's train of thought with recent law. After a discussion of the concept of "mesotes", he therefore works into topics such as liability and legal methodology, as well as the relation of natural and conventional justice.
|Series:||Studien zur Rechtsphilosophie und Rechtstheorie Series , #65|