Originally published: Berkeley: University of California Press, 1957. [vi], 397 pp. Through the lens of science, Hans Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice and the idea of justice as found in the holy scriptures. "You simply cannot get around this book if you want a real understanding of the fundamental ideas on which the great work of Kelsen is built. Reading this volume you may once more admire the transparent clarity of style and the merciless consistency of reasoning which are well known qualities of this author." -- Alf Ross, 45 California Law Review 564 1957. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. He was the author of more than forty books on law and legal philosophy. Active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.

Achieving social justice is one of the key challenges facing the world today scholars of political theory have long grappled with issues arising from it however, as the history of ideas shows, the concept itself has undergone much change over the centuries and there is no watertight definition of what ‘justice’ connotes in the contemporary context going beyond the existing frontiers of social justice, this unique volume aims to develop theoretical concepts able to respond to real dilemmas facing society today the author closely examines the classical social contract theory, one of the most widely accepted approaches to social justice in the western tradition she focuses in particular on the ideas of one of the greatest names in contemporary political philosophy, john rawls, whose work developed the theory to new philosophical depths and complexity nussbaum moves in a fresh direction and suggests that there is an inherent limitation within the social contract theory, even in the work of rawls—it is premised on the idea of a contract for mutual advantage among approximate equals she demonstrates that it is unable to address questions of social justice between unequal parties instead she goes on to develop a theory of social justice based on the ‘capabilities approach’, which she places generally within the tradition of ‘liberal conceptions’ the author analyses three social issues which could not be resolved, or even really addressed by traditional theories of justice—the problem of achieving justice for persons with physical and mental disability, of extending justice to all citizens of the world, and lastly the problem of doing justice in relation to the treatment of ‘non-human animals’ she helps us to think more clearly about the purpose of political cooperation and the nature of political principles—and to look to a future of greater justice for all