1 A pocket edition has now appeared.

2 Kaufmann, Walter, Critique of Religion and Philosophy (New York, Harper Bros., 1950)Google Scholar; English Edition (London, Faber & Faber, 1959).

3 Kaufmann, Walter, Nietzsche: Philosopher, Psychologist, Antichrist (Princeton U.P., 1950).Google Scholar

4 The Portable Nietzsche, translated and edited by Kaufmann, Walter (New York, Viking Press, 1954)Google Scholar has been followed by further translations in a Collection of Basic Writings.

5 The Schlechta edition is perhaps not very commendable, but its price is within the possibilities of a private library.

6 The indebtedness of the writer to Kaufmann on this subject alone can be seen in his “On the Social and Legal Philosopher's Encounter with Nietzsche” (1963) 49 Archiv für Rechts — und Sozial-Philosophie 449–494.

7 Kaufmann, Walter, Hegel: Reinterpretation, Texts, and Commentary (Garden City, Doubleday, 1965)Google Scholar.

8 Rawls, John, A Theory of Justice (Cambridge, Harvard U.P., 1971)Google Scholar.

9 Nelson, Leonard, Kritik der praktischen Vernunft (Hamburg, Felix Meiner Verlag, 2nd ed., 1917) 136Google Scholar and 109 ff.; English translation by Norbert Gutman (Scarsdale, Leonard Nelson Foundation, 1957) 124, 171 ff.

10 Boasson, Charles, “The Delicate Balance” in Peace Research in the Work of Leonard Nelson, Supplement I to Ratio (Hamburg, Felix Meiner, 1974) 141–191Google Scholar, especially 174–178.

11 Ibid., at 176.

12 Rawls, John, A Theory of Justice (supra n. 8).Google Scholar Quotations from Rawls hereafter will be from the Oxford University Press paperback edition, 1973 (reprint, 1976).

13 Daniels, Norman (ed.), Reading Rawls, Critical Studies of “A Theory of Justice” (Oxford, Blackwell, 1975)Google Scholar.

14 Op. cit. supra n. 12, mainly at 474–485.

15 Guilt-feelings of the survivor are mentioned and analyzed by Kaufmann in another connection, and most relevantly (at 128, 130). The fact of reaching lone heights by survivors is also discussed by Kaufmann, using the unlucky term “alienation” for that (see infra sec. X).

16 See also, apart from Kaufmann, ibid., Kristal, Henry (ed.), Massive Psychic Trauma (New York, I.U.P., 1968).Google Scholar For an oblique reference to this problem see also Boasson, “Judicial Knowledge Based on Questionable Notions of Mental Disorder” (1976) 11 Is.L.R. 77Google Scholar at 80.

17 Mowrer, Robert, Learning Theory and Behavior (John Wiley & Sons, N.Y. 1960) 437CrossRefGoogle Scholar and chapter 10 of his simultaneous Learning Theory and the Symbolic Processes.

18 J. Lukasiewicz, “Zagadnin logiki i filosofii” (Problems of Logic and Philosophy) quoted from Prior, A.N., Past, Present and Future (Oxford U.P., 1967) 28.CrossRefGoogle Scholar See also Boasson, , A Prologue to Peace Research (Israel U.P., Jerusalem and North Holland Publ. Co., 1971) 53.Google Scholar

19 Sheldon, and Gluck, Eleanor, Unraveling Juvenile Delinquency (New York, The Commonwealth Fund, 1950)Google Scholar.

20 Kaufmann's, thorough analysis of Sophocles' drama is in Tragedy and Philosophy (New York, Doubleday, 1968; Anchor pocket edition, 1969).Google Scholar

21 May, Rollo, The Meaning of Anxiety (New York, The Ronald Press Co., 1950)CrossRefGoogle Scholar; Man's Search for Himself (Allen and Unwin, 1953); Power and Innocence (New York, N.W. Norton, 1972), quoted from Fontana/Collins edition, (Glasgow, 1976) 212.

22 Op. cit. supra n. 12 at 474.

23 Kaufmann refers his readers (at 244) to a thorough rejection of the deeper strata of Rawls' theory in a book which appeared later but which Kaufmann had read in manuscript. In the meantime Nozick, Robert, Anarchy, State, and Utopia (New York, Basic Books, 1974Google Scholar) has appeared and it combines high praise of Rawls with an almost complete demolishing of his theory (Nozick, Chap. 7 on “Distributive Justice”, Sec. II, “Rawls' Theory” at 183–231).

24. Op. cit. supra n. 12, Chap. I, pp. 3–53.

25 Kaufmann makes these points in a similar way (at 69). Julius Stone comments on earlier work by Rawl, inter alia as to the “most rudimentary intuitive notions” which support the term “fairness”. Stone, Juluis, Human Law and Human Justice (Sydney, Maitland Publications, 1965) 331Google Scholar (especially n. 35) and 335.

26 Ibid., at 355.

27 Compare this with Nelson, Leonard: “Moral autonomy is inseparably bound up with moral accountability”. Socratic Method and Critical Philosophy (Dover Publications edition, 1965) 78Google Scholar.

28 Kaufmann could defend his use of the term by pointing out much latitude assumed by others as well. Compare: Geyer, R. Felix and Schweitzer, David, Theories of Alienation, Critical Perspectives in Philosophy and the Social Sciences, The Hague and Leyden, Nijhoff, 1976)Google Scholar.

29 From the Walter Kaufmann translation, op. cit. supra n. 6, at 474.

30 Boasson, Ch., “The Use of Logic in Legal Reasoning” in Communications of the Royal Netherlands Academy of Sciences (1966)Google Scholar. See also my criticism of Gottlieb, Gidon, The Logic of Choice in (1970) 5 Is.L.R. 149–153Google Scholar.

31 Nietzche, F., Die Frohliche Wissenschaft (translated from Schlechta, ed.) chap. III, p. 111.Google Scholar Walter Kaufmann's translation, which appeared since (London House, New York, 1974) and also in Vintage Books is certainly more precise than mine, which is faithful enough for the purpose of the motto. Kaufmann's edition is a miracle in the art of translation.

32 See in particular Ancel, Marc, La défense sociale nouvelle (Paris, Cujas, 1954; 2nd ed., 1966)Google Scholar.

33 See infra n. 35.

34 The quotation from Aristotle and proper treatment of this problem in Stone, op. cit. supra n. 25, at 316 ff.

35 References to Piaget, , The Moral Judgment of the Child (1932)Google Scholar and Beinenfeld, F., Rediscovery of Justice (1947)Google Scholar are taken from a lecture by Bishop, John, “Justice as Equality in the New Equal Protection” (1974)Google Scholar for the Faculty of Law at Sydney University. This lecture deals also with the U.S. Supreme Court (especially Justice Warren) on the Equal Protection Clause in the Fourteenth Ammendment.

36 Julius Stone, op. cit. supra nn. 25, 26.

37 Since 1907 teaching at Amsterdam University until his very honourable dismissal by the Reichskommissar for occupied Holland — or to be more exact, by his officer in charge of Administration and—the crown of irony—Justice on 22 March 1942. Of Scholten's many incisive works only one slender volume (of major importance in itself) has been translated: Traité de Droit Civil Néerlandais, Partie Générale (Paris, Pichon et Durant-Auzias, 1954). The quotation is at 189 there.

38 Even more so, in the light of the above conception, the Authorized Version reads (Deut. 16:20): “That which is altogether just shalt thou follow”. It may be of interest to note that Ben-Gurion left one of Kaufmann's lectures muttering aloud: “Tsedek tsedek tirdof”.