The New State · Theme
Transformation of Law and Justice Through Group Principles
How The New State develops 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.
Where it surfaces
- The Group Principle at Work
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.
- From Contract to Community
The chapter extensively argues for a shift from individualistic, contract-based law to a dynamic, community-oriented legal system that evolves through group life.
- XX: The Growth of Democracy in America
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.
- XXI: After Direct Government—What?
Discusses the shift from law serving particularist individuals to serving the community, with the social individual as the community-unit, citing Roscoe Pound.