What is Justice?

What is Justice? collects Hans Kelsen's major essays on legal philosophy and political theory from 1952-1957. The essays examine fundamental questions about the nature of justice, law, and democracy through analysis of classical philosophers and modern political systems. Kelsen scrutinizes theories of natural law and absolute values, arguing instead for a relativistic theory of justice and a pure theory of law separated from moral considerations. His work engages with Plato, Aristotle, and other key thinkers while developing his own framework for understanding legal systems and norms. The essays move between abstract philosophical inquiry and concrete analysis of democracy, socialism, and political ideologies of the 20th century. Kelsen's systematic approach addresses both timeless questions about the foundations of justice and pressing issues of his era. At its core, this collection represents a rigorous attempt to separate scientific legal theory from subjective moral judgments, while exploring the relationship between democracy and justice. The work raises enduring questions about whether objective standards for justice can exist in a world of competing value systems.

Readers value Kelsen's clear examination of justice theories across historical philosophers, from Plato to Marx. Several reviews note his methodical deconstruction of natural law and his arguments for legal positivism. Positive reviews highlight: - Precise analysis of how justice concepts evolved - Strong critiques of Plato's and Aristotle's justice theories - Clear explanations of complex philosophical ideas Common criticisms: - Dense academic writing style - Repetitive arguments in later chapters - Limited engagement with non-Western perspectives Ratings: Goodreads: 4.1/5 (127 ratings) Amazon: 4.3/5 (14 ratings) "His breakdown of Platonic justice is worth the price alone" - Goodreads reviewer "Too focused on picking apart other philosophers rather than building his own robust theory" - Amazon reviewer "The writing requires careful reading but rewards the effort" - Philosophy Forums user

The Concept of Law by H. L. A. Hart A philosophical examination of law's nature, exploring legal positivism and the relationship between law and morality.

The Pure Theory of Law by Hans Kelsen An exploration of legal theory that separates the study of law from other disciplines and establishes law as a science of norms.

On Law and Justice by Alf Ross A Scandinavian realist approach to legal philosophy that examines the connection between legal validity and social effectiveness.

The Morality of Law by Lon L. Fuller An investigation of the internal morality of law through eight principles that define the requirements for a functioning legal system.

Justice as Fairness: A Restatement by John Rawls A systematic analysis of justice through the lens of social contract theory and the original position thought experiment.

🔷 Hans Kelsen developed his "Pure Theory of Law" while witnessing the rise of Nazi Germany, which influenced his emphasis on separating law from morality and ideology. 🔷 The book challenges Plato's concept of absolute justice, arguing instead that justice is relative and socially constructed - a radical departure from traditional natural law theory. 🔷 Kelsen was forced to flee Austria in 1940 due to his Jewish heritage and democratic beliefs, eventually settling at the University of California, Berkeley, where he completed much of his work on justice. 🔷 The author's theories significantly influenced the Austrian Constitution of 1920 and his framework for constitutional courts has been adopted by many European countries. 🔷 Despite being one of the most cited legal philosophers of the 20th century, Kelsen's work was initially better received in Latin America and Europe than in the United States, where legal realism dominated at the time.