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Author: William S. Hamrick Publisher: Springer Science & Business Media ISBN: 9401707073 Category : Philosophy Languages : en Pages : 254
Book Description
The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.
Author: William S. Hamrick Publisher: Springer Science & Business Media ISBN: 9401707073 Category : Philosophy Languages : en Pages : 254
Book Description
The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.
Author: Panu Minkkinen Publisher: Bloomsbury Publishing ISBN: 1847310923 Category : Law Languages : en Pages : 216
Book Description
The book is an attempt to evaluate the reception of Continental philosophy (phenomenology,hermeneutics, deconstruction, etc.) within mainstream jurisprudence. The book claims that the reduction of philosophy to social theory can only be accomplished by impoverishing the impetus of philosophical thinking and, consequently, by transforming critique into criticism, and the philosophy of law into legal theory. The response developed in this book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a 'first philosophy'. In addition to philosophy proper – the classics of Antiquity, the great German philosophers, contemporary French thinking –, the book covers a wide range of jurisprudential literature. These include the neo-Kantian philosophers of law whose thinking is allegedly at the root of legal positivism, but special emphasis is also given to 'existential' philosophers of law deeply inspired by the hermeneutical phenomenology of Martin Heidegger. Lastly, the book encourages specifically philosophical approaches in law to the thinking of French contemporaries whose work has inspired critical legal scholarship during the past ten years.
Author: Panos Theodorou Publisher: Springer ISBN: 9783031687044 Category : Philosophy Languages : en Pages : 0
Book Description
Against the widespread, mainstream take on the philosophy of law, this collected volume fills an important scholarly gap by introducing a phenomenological account of some of the major questions and themes of jurisprudence such as rights and norms. This volume argues that wherever there is a demand for grounding normativity, the phenomenological method can provide a priori—albeit corrigible—access to essential truths, with reference to beings and their social relationships. The present work reflects upon the place and potential impact on the theory of law and normativity stemming from the phenomenology of Edmund Husserl—largely overlooked by legal philosophers and legal theorists. Further coverage contains those who have built upon these ideas of Husserl such as Martin Heidegger, Alfred Schutz, Edith Stein, Emmanuel Levinas, and Adolf Reinach. This text addresses new issues and questions from the general perspective of the phenomenology of law. It is a response to those critical of phenomenology by presenting sober arguments in support of its potential for achieving a deeper grasp of legal normative concepts such as rights, claims, obligations, promises, and apologies. Boundaries between law and morality as well as legal and social ontologies are approached from a phenomenological perspective. It appeals to students, researchers, and professionals working in phenomenology, ethics, legal philosophy, and human rights theory and practice.
Author: Adolf Reinach Publisher: Walter de Gruyter ISBN: 3110329808 Category : Philosophy Languages : en Pages : 228
Book Description
The phenomenologists were concerned to show that essential structures of being, knowable by rational insight, are found far more abundantly than is commonly thought. In his great monograph Reinach shows that in the civil law, where one usually thinks that there are only legal structures of human devising, there are in fact many essential structures, such as the structure of promising or of owning. These pre-positive structures, which are something different from the moral norms relevant to the positive law, provide the civil law with a foundation that can be known by philosophical insight. Though the enactments of the civil law are changeable, these essential foundations are not changeable. Of particular significance and originality is Reinach’s concept of a social act, that is, of an act that addresses another and has to be heard by the other in order to be complete. Reinach shows that the essence of legally relevant acts such as promising, comes to evidence when they are understood as social acts. The concept of a social act, in fact, has significance far beyond the part of legal philosophy in which Reinach first discovers it.
Author: Anthony Carty Publisher: Edinburgh University Press ISBN: 0748675523 Category : Law Languages : en Pages : 304
Book Description
Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society
Author: Georg Wilhelm Friedrich Hegel Publisher: DigiCat ISBN: Category : Philosophy Languages : en Pages : 281
Book Description
"The Philosophy of Right" is Hegel's most mature statement of his legal, moral, social and political philosophy. It begins with a discussion of the concept of the free will and argues that the free will can only realize itself in the complicated social context of property rights and relations, contracts, moral commitments, family life, the economy, the legal system, and the polity. A person is not truly free, in other words, unless he is a participant in all of these different aspects of the life of the state. "The Philosophy of Law" is an essay in which Hegel explains the fundamentals of legal philosophy. Hegel's philosophy of law is best understood as a natural law theory.
Author: G. W. F. Hegel Publisher: Courier Corporation ISBN: 0486119041 Category : Philosophy Languages : en Pages : 274
Book Description
Complete and unabridged, this edition of Georg Wilhelm Friedrich Hegel's 1821 classic offers a comprehensive view of the philosopher's influential system. In the Philosophy of Right, Hegel applies his most important concept--the dialectics--to law, rights, morality, the family, economics, and the state. The last of Hegel's works to be published in his lifetime, this volume combines moral and political philosophy to form a sociologic view dominated by the idea of the state. Hegel defines universal right as the synthesis between the thesis of an individual acting in accordance with the law and the occasional conflict of an antithetical desire to follow private convictions. The state, he declares, must permit individuals to satisfy both demands, thereby realizing social harmony and prosperity--the perfect synthesis. Further, Hegel renounces his formerly favorable assessment of the French Revolution and rejects the republican form of government, suggesting instead an idealized form of a constitutional monarchy, in which ultimate power rests with the sovereign.
Author: Lee Hardy Publisher: Ohio University Press ISBN: 0821444700 Category : Philosophy Languages : en Pages : 262
Book Description
Edmund Husserl, founder of the phenomenological movement, is usually read as an idealist in his metaphysics and an instrumentalist in his philosophy of science. In Nature’s Suit, Lee Hardy argues that both views represent a serious misreading of Husserl’s texts. Drawing upon the full range of Husserl’s major published works together with material from Husserl’s unpublished manuscripts, Hardy develops a consistent interpretation of Husserl’s conception of logic as a theory of science, his phenomenological account of truth and rationality, his ontology of the physical thing and mathematical objectivity, his account of the process of idealization in the physical sciences, and his approach to the phenomenological clarification and critique of scientific knowledge. Offering a jargon-free explanation of the basic principles of Husserl’s phenomenology, Nature’s Suit provides an excellent introduction to the philosophy of Edmund Husserl as well as a focused examination of his potential contributions to the philosophy of science. While the majority of research on Husserl’s philosophy of the sciences focuses on the critique of science in his late work, The Crisis of European Sciences, Lee Hardy covers the entire breadth of Husserl’s reflections on science in a systematic fashion, contextualizing Husserl’s phenomenological critique to demonstrate that it is entirely compatible with the theoretical dimensions of contemporary science.
Author: Marvin Farber Publisher: Routledge ISBN: 1351482610 Category : Philosophy Languages : en Pages : 901
Book Description
In this widely hailed and long out of print classic of twentieth century philosophic commentary, Professor Farber explains the origin, development, and function of phenomenology with a view towards its significance for philosophy in general.The book offers a general account of Husserl and the background of his philosophy. The early chapters are devoted to his mathematical-philosophical and psychological studies. The refutation of psychologism is present in detail, together with the critical reaction to it. The development of his logical theories in the light of contemporary literature at the close of the 19th century is next considered. The main content of the six Logical Investigations follows, which contribute to the phenomenological elucidation of experience and knowledge. The phenomenological philosophy of logic as developed in Husserl's later writings is then introduced, followed by a discussion of the phenomenological method and its proper function. Farber makes clear his preference for phenomenology as a purely descriptive method and his opposition to have it serve as a last stronghold of metaphysics.Indispensable as groundwork for descriptive philosophical study, this book will deeply interest not only serious students of philosophy and psychology, but also those who are concerned with the philosophical aspects of mathematics, social and natural sciences, law and psychiatry.
Author: William S. Hamrick
Author: William S. Hamrick
Author: Panu Minkkinen
Author: Panos Theodorou
Author: Adolf Reinach
Author: Anthony Carty
Author: Drucilla Cornell
Author: Georg Wilhelm Friedrich Hegel
Author: G. W. F. Hegel
Author: Lee Hardy
Author: Marvin Farber