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The Legitimation of Power. London: Macmillan, 1991. Gérard, Philippe. Droit et démocratie (Law and Democracy). Bruxelles: Facultés universitaires Saint-Louis, 1995. Habermas, Jürgen. Faktizität und Geltung (Between Facts and Norms). Frankfurt: Suhrkamp, 1992. Kelsen, Hans. The Pure Theory of Law. Berkeley: University of California Press, 1967. Luhmann, Niklas. Legitimation durch Verfahren (Procedural Legitimation). 2d ed. Frankfurt: Suhrkamp, 1983. Tuori, Kaarlo. ” Ratio Juris 2 (1989), 125–144.

Therefore Titmuss recommends that blood ought not to be an object of contract, in order to promote a desirable moral “ambience” in society. In a more dramatic example of a hypothetical contract restriction, motivated this time by a concern to maintain community values rather than to change them, Irving Kristol invites us to reflect on the spectacle of wellpaid professional gladiators fighting to death before a throng of enthusiastic New Yorkers in Yankee Stadium. Kristol assumes that we would respond to this morally repulsive tableau by prohibiting such contracts simply because we do not choose to live in a society which tolerates voluntary abdication of life merely to satiate the voyeuristic interests of bloodthirsty citizens.

True jurisprudence, he said, is inseparable from religion and philosophy. Leibniz made such an impression on the faculty of Altdorf by his thesis defense that they immediately offered him a position. He refused it, however, because he had made up his mind to practice law, determined that he would be a judge. That ambition he realized at two periods of his life. While still in his early twenties Leibniz was appointed a judge in the High Court of Appeal in the Electorate of Mainz. He later functioned briefly in that capacity during his long service to the Electorate of Hanover (1676–1716).