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The New State · Concept

Transformation of Law and Justice Through Group Principles

The text discusses how legal theory is moving from contract-based, individualistic conceptions toward recognizing the 'real personality' of groups, and how criminal justice should focus on reintegrating offenders into the community rather than mere punishment.

The text discusses how legal theory is moving from contract-based, individualistic conceptions toward recognizing the 'real personality' of groups, and how criminal justice should focus on reintegrating offenders into the community rather than mere punishment.

Discusses community responsibility for crime, rehabilitation over punishment, the juvenile court, the Reconciliation Court of Cleveland, and the colony system as applications of the group principle to justice.

The chapter extensively argues for a shift from individualistic, contract-based law to a dynamic, community-oriented legal system that evolves through group life.

The chapter criticizes the legal system for interpreting constitutions based on an antiquated philosophy and false psychology, and calls for a new understanding of justice that recognizes the individual's place in society.

Discusses the shift from law serving particularist individuals to serving the community, with the social individual as the community-unit, citing Roscoe Pound.

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