Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print August 2010 | ISBN: 9780199592685
Published online January 2011 | e-ISBN: 9780191595653 | DOI:

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This chapter provides both a brief overview of the various strands of the argument and some concluding remarks. It begins with reference to six pillars on which the account is built, and proceeds to emphasize key aspects of the argument. It emphasizes the importance of distinguishing between self-interest and selfishness, as is the basic rule: ‘take account of others' interests’. It argues that this basic ruleis simply another formulation of the traditional rule of justice: ‘render to each what is due’. The chapter notes also that what in detail a good social context will be cannot be known in advance, for new attitudes, new understandings, new situations, new problems, and new solutions to old problems constantly arise. Despite such changes, the chapter suggests that the basic context in which people can live together in peace is common to human societies.

Keywords: spontaneous order; social order; jural order; living law; communal moral law; customs; justice; self-interest; selfishness; golden rule

Chapter.  4222 words. 

Subjects: Jurisprudence and Philosophy of Law

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