Proximity, Levinas, and the Soul of Law PDF Download

Author: Desmond Manderson
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773575650
Category : Philosophy
Languages : en
Pages : 280

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Book Description
Without compromising the integrity of either Levinas' poetic evocations of our spirit or the law's dense descriptions of our society, Manderson brings the two into constructive dialogue. For the student of Levinas, the author offers an understanding of the implications and difficulties involved in applying ethics to law - major issues in continental philosophy. For the student of law, he provides a powerful framework through which to reconceptualize duty of care, the law of negligence, and the nature of legal judgment itself - major issues in legal theory.

Author: Desmond Manderson
Publisher: Springer
ISBN: 0230234739
Category : Philosophy
Languages : en
Pages : 277

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Book Description
This collection brings together major writers and major works on what Emmanuel Levinas means to law, and injects Levinas' provocative ethics right into the heart of living law, radically changing our understanding of both.

Author: Desmond Manderson
Publisher: Routledge
ISBN: 0415529514
Category : Law
Languages : en
Pages : 226

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Annotation This volume addresses the legacy of contemporary critiques of language for the concept of the rule of law. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it?

Author: Michael L. Morgan
Publisher: Oxford University Press
ISBN: 0190910682
Category : Philosophy
Languages : en
Pages : 800

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Book Description
Emmanuel Levinas (1906-1995) emerged as an influential philosophical voice in the final decades of the twentieth century, and his reputation has continued to flourish and increase in our own day. His central themes--the primacy of the ethical and the core of ethics as our responsibility to and for others--speak to readers from a host of disciplines and perspectives. However, his writings and thought are challenging and difficult. The Oxford Handbook of Levinas contains essays that aim to clarify and engage Levinas and his writings in a number of ways. Some focus on central themes of his work, others on the ways in which he read and was influenced by figures from Plato, Hobbes, Descartes, and Kant to Blanchot, Husserl, Heidegger, and Derrida. And there are essays on how his thinking has been appropriated in moral and political thought, psychology, film criticism, and more, and on the relation between his thinking and religious themes and traditions. Finally, several essays deal primarily with how readers have criticized him and found him wanting. The volume exposes and explores both the depth of Levinas's philosophical work and the range of applications to which it has been put, with special attention to clarifying why his interests in the human condition, the crisis of civilization, the centrality and character of ethics and morality, and the very meaning of human experience should be of interest to the widest range of readers.

Author: Tom Frost
Publisher: Routledge
ISBN: 135175209X
Category : Law
Languages : en
Pages : 223

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Book Description
This first book-length study into the influence of Emmanuel Levinas on the thought and philosophy of Giorgio Agamben, Law, Relationality and the Ethical Life, demonstrates how Agamben’s immanent thought can be read as presenting a compelling, albeit flawed, alternative to Levinas’s ethics of the Other. The publication of the English translation of The Use of Bodies in 2016 ended Giorgio Agamben’s 20-year multi-volume Homo Sacer study. Over this time, Agamben’s thought has greatly influenced scholarship in law, the wider humanities and social sciences. This book places Agamben’s figure of form-of-life in relation to Levinasian understandings of alterity, relationality and the law. Considering how Agamben and Levinas craft their respective forms of embodied existence – that is, a fully-formed human that can live an ethical life – the book considers Agamben’s attempt to move beyond Levinasian ethics through the liminal figures of the foetus and the patient in a persistent vegetative state. These figures, which Agamben uses as examples of bare life, call into question the limits of Agamben’s non-relational use and form of existence. As such, it is argued, they reveal the limitations of Agamben’s own ethics, whilst suggesting that his ‘abandoned’ project can and must be taken further. This book will be of interest to scholars, researchers, graduate students and anyone with an interest in the thought of Giorgio Agamben and Emmanuel Levinas in the fields of law, philosophy, the humanities and the social sciences.

Author: Matthew Stone
Publisher: Taylor & Francis
ISBN: 1136291202
Category : Law
Languages : en
Pages : 282

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Book Description
New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.

Author: Terence Holden
Publisher: Bloomsbury Publishing
ISBN: 1441119345
Category : Religion
Languages : en
Pages : 241

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Book Description
There is no greater testament to Emmanuel Levinas' reputation as an enigmatic thinker than in his meditations on eschatology and its relevance for contemporary thought. Levinas has come to be seen as a principal representative in Continental philosophy - alongside the likes of Heidegger, Benjamin, Adorno and Zizek - of a certain philosophical messianism, differing from its religious counterpart in being formulated apparently without appeal to any dogmatic content. To date, however, Levinas' messianism has not received the same detailed attention as other aspects of his wide ranging ethical vision. Terence Holden attempts to redress this imbalance, tracing the evolution of the messianic idea across Levinas' career, emphasising the transformations or indeed displacements which this idea undergoes in taking on philosophical intelligibility. He suggests that, in order to crack the enigma which this idea represents, we must consider not only the Jewish tradition from which Levinas draws inspiration, but also Nietzsche, who ostensibly would represent the greatest rival to the messianic idea in the history of philosophy, with his notion of the 'parody' of messianism.

Author: Anne Griffiths
Publisher: Taylor & Francis
ISBN: 131730814X
Category : Law
Languages : en
Pages : 286

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Book Description
This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.

Author: Oren Ben-Dor
Publisher: Bloomsbury Publishing
ISBN: 1847313825
Category : Law
Languages : en
Pages : 430

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Book Description
What calls for thinking about law? What does it mean to think about? What is aboutness? Could it be that law, in its essence, has not yet been thought about? In exploring these questions, this book closely reads Heidegger's thought, especially his later poetical writings. Heidegger's transformation of the very notion and process of thinking has destabilising implications for the formation of any theory of law, however critical this theory may be. The transformation of thinking also affects the notions of ethics and morality, and the manner in which law relates to them. Interpretations of Heidegger's unique understanding of notions such as 'essence', 'thinking', 'language', 'truth' and 'nearness' come together to indicate the otherness of the essence of law from what is referred to as the 'legal'. If the essence of law has not yet been thought about, what generates deafness to the call for such thinking, thereby entrenching a refuge for legalism? The ambit of the legal is traced to Levinasian ethics, especially to his notion of otherness, despite such a notion being apparently highly critical of the totality of the legal. In entrenching the legal, it is argued that Levinas's notion of otherness does not reflect thinking that is otherwise than ontology but rather radicalises and maintains a derivative ontology. A call for thinking about law is then connected to Heideggerian ontologically based otherness upon which ethical reflection, that the essence of law protects, is grounded.

Author: Susanna Lindroos-Hovinheimo
Publisher: Routledge
ISBN: 1136466002
Category : Philosophy
Languages : en
Pages : 203

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Book Description
Justice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations – can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify any legal decision, there is a responsibility that is inherent in legal interpretation itself. In this book, Susanna Lindroos-Hovinheimo uncovers and analyses this responsibility – which, she argues, is not limited by the text that is being interpreted (and through its mediation, by the legal system). It is not simply a responsibility to read well; it implies a responsibility for the effects of the interpretation in a particular situation and with regard to those whose case is being decided. Ultimately, it is a responsibility to do justice. It is these two aspects of responsibility that are conceptualised here as the two key dimensions of the ethics of legal interpretation: the textual and the situational. Drawing on the work of Wittgenstein, Gadamer, Derrida and Levinas, Justice and the Ethics of Legal Interpretation offers a fresh approach to long-standing questions about language and meaning in law. It will be of enormous value to those with interests in jurisprudence and legal theory.