Law in Civil Society

by Richard Dien Winfield

Law in Civil Society advances a new and comprehensive theory of how legal institutions should be reformed to uphold the property, family, and economic rights of individuals in civil society. In so doing, it offers a powerful challenge to the dominant legal theories and practices espoused by liberalism, positivism, natural law, and critical legal thought.

Winfield argues against the prevailing assumptions of legal philosophers who dogmatically embrace formal or historical conceptions of law. True law, he contends, must be constructed within the context of the different spheres of rights and ultimately can only exist within a civil society committed to self-determination and community.

Working from these fundamental premises, he analyzes in detail a rich array of important legal fair access to legal representation, the rationale for jury trials, appropriate distinctions between civil and criminal legal procedures, the controversies pitting common law versus codification and adversarial versus inquisitorial systems of trial, and the relationship between civil society and the state.

Much inspired by Hegel's Philosophy of Right, Winfield's study offers the most convincing critique yet of that renowned philosopher's work and, in the process, provides a more complete and coherent conception of law than Hegel himself articulated. Provocative and highly instructive, the book should attract scholars, teachers, and students in legal and political philosophy and anyone else with an abiding interest in the foundations of Western law.

Genres: Philosophy

216 pages, Paperback

First published April 1, 1995

About the author

Richard Dien Winfield (PhD Yale) is Distinguished Research Professor at the University of Georgia, where he has taught since 1982. Winfield has served as president of the Society for Systematic Philosophy, the Hegel Society of America, and the Metaphysical Society of America.

Reviews

[Alexander Asay · Rating 4 out of 5]

Winfield presents an ambitious and thought-provoking critique of legal theory through the lens of Hegelian philosophy in Law in Civil Society. This work challenges traditional liberal, positivist, and natural law perspectives by asserting that law must be understood and reformed within the context of civil society's spheres of rights.

Winfield begins by setting up a foundational critique of existing legal frameworks, arguing that true law should emerge from the self-determination of a community rather than from abstract principles or historical precedents alone. He delves into key legal issues, including access to legal representation, the justification for jury systems, and the differentiation between civil and criminal procedures, all while questioning the efficacy of common law versus codified law and adversarial versus inquisitorial trial systems.

The book is structured with meticulous attention to philosophical detail, engaging with both historical and contemporary legal thought. Winfield uses Hegel's Philosophy of Right as a springboard to critique and expand upon these ideas, aiming to create a more coherent and comprehensive theory of law that resonates with the principles of civil society. His analysis is both profound and expansive, offering readers a fresh perspective on how law should function to truly reflect the rights and needs of individuals.

While Law in Civil Society is certainly a challenging read due to its philosophical depth, it is invaluable for scholars, legal theorists, and students interested in the intersection of law, philosophy, and societal structure. Winfield's arguments are presented with clarity and purpose, making this a significant contribution to legal philosophy that encourages readers to rethink the foundations of Western law.

Disclaimer: I was a student of Dr. Winfield at the University of Georgia.