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Author : Desmond Manderson
Publisher : McGill-Queen's Press - MQUP
Page : 279 pages
File Size : 45,9 Mb
Release : 2006
Category : Law
ISBN : 9780773530416
The relationship between tort law jurisprudence and the ethics and phenomenology of Emmanuel Levinas.
Author : Desmond Manderson
Publisher : McGill-Queen's Press - MQUP
Page : 280 pages
File Size : 54,9 Mb
Release : 2006-05-29
Category : Philosophy
ISBN : 9780773575653
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
Page : 270 pages
File Size : 47,5 Mb
Release : 2008-12-18
Category : Philosophy
ISBN : 9780230234734
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 : Michael L. Morgan
Publisher : Oxford University Press
Page : 800 pages
File Size : 44,7 Mb
Release : 2019-04-10
Category : Philosophy
ISBN : 9780190910693
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 : Marinos Diamantides
Publisher : Routledge
Page : 227 pages
File Size : 42,7 Mb
Release : 2007-08-07
Category : Education
ISBN : 9781135308582
In this volume, political theorists, philosophers and legal scholars critically engage with this idealization of Emmanuel Levinas ethics. The rebelliousness of Levinas thought is rediscovered here and used to challenge preconceptions of social, legal and individual responsibility.
Author : Desmond Manderson
Publisher : Routledge
Page : 226 pages
File Size : 47,7 Mb
Release : 2012
Category : Law
ISBN : 9780415529518
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 : Oren Ben-Dor
Publisher : Bloomsbury Publishing
Page : 430 pages
File Size : 52,8 Mb
Release : 2007-10-04
Category : Law
ISBN : 9781847313829
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 : Stone Matthew Stone
Publisher : Edinburgh University Press
Page : 184 pages
File Size : 44,6 Mb
Release : 2016-01-11
Category : Law
ISBN : 9781474400770
Emmanuel Levinas's philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to this field. He has been read within contexts as varied as human rights, private law, refugee law, and on the nature of judicial reasoning. This book explores what unites such apparently diverse applications of his ideas, and in doing so considers the challenge of law's ethical relationship with the other. In addition to asking how Levinas's ethics can inform legal problems, the book also examines how the modern legal edifice has a deceptive tendency to close itself off from the ethical experience. In particular, literatures on biopolitics suggest that law is increasingly complicit in reductive determinations of how we understand ourselves and others. Levinas's most penetrating insight might not, therefore, lie in the law's instrumentalisation of his ethics, but instead in the way his ethics trace a human encounter that escapes law.
Author : Tom Frost
Publisher : Routledge
Page : 223 pages
File Size : 54,9 Mb
Release : 2021-08-30
Category : Law
ISBN : 9781351752091
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,Illan rua Wall,Costas Douzinas
Publisher : Taylor & Francis
Page : 282 pages
File Size : 55,9 Mb
Release : 2012-10-12
Category : Law
ISBN : 9781136291203
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 : Anne Griffiths,Sanna Mustasaari,Anna Mäki-Petajä-Leinonen
Publisher : Taylor & Francis
Page : 273 pages
File Size : 52,8 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317308140
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 : Gavin Rae
Publisher : Springer
Page : 270 pages
File Size : 45,6 Mb
Release : 2016-09-17
Category : Philosophy
ISBN : 9781137591685
In this book, Gavin Rae analyses the foundations of political life by undertaking a critical comparative analysis of the political theologies of Carl Schmitt and Emmanuel Levinas. In so doing, Rae contributes to key debates in contemporary political philosophy, specifically those relating to the nature of, and the relationship between, the theological, the political, and the ethical, as well as those questioning the existence of ahistoric metaphysical, ontological, and epistemological foundations. While the theological is often associated with belief in a fixed foundation such as God or the truth of a religion, Rae identifies another sense rooted in epistemology. On this understanding, the ontological limitations of human cognition mean that, ultimately, human truth is based in faith and so can never be certain. The argument developed suggests that Levinas’ conception of the political is grounded in theology in the sense of religion, particularly the revelations of Judaism. For this reason, Levinas claims that the political decision is based on how to implement a prior religiously-inspired norm: justice. Schmitt, in contrast, develops a conception of the political rooted in epistemic faith to claim that the political decision is normless. While sympathetic to Schmitt’s conception of theology and its relationship to the political, Rae concludes by arguing that the emphasis Levinas places on responsibility is crucial to understanding the implications of this. The continuing relevance of Schmitt’s and Levinas’ political theologies is that they teach us that, while the political decision is ultimately normless, we bear an infinite responsibility for the consequences of this normless decision.
Author : Susanna Lindroos-Hovinheimo
Publisher : Routledge
Page : 203 pages
File Size : 50,5 Mb
Release : 2013-03-01
Category : Philosophy
ISBN : 9781136466007
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.
Author : Terence Holden
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 40,5 Mb
Release : 2011-09-22
Category : Religion
ISBN : 9781441119346
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 : Cristyn Davies,Sara L. Knox
Publisher : Routledge
Page : 169 pages
File Size : 44,5 Mb
Release : 2015-10-14
Category : Social Science
ISBN : 9781317697275
This edited collection is a cultural analysis of how law is shaped into procedure and principle by the conditions of everyday life. Law is constitutive of culture just as culture and cultural analyses shape, resist and interrogate legal regulation, exception and norms. So too does law have a dual capacity in the field of culture: it enables the formation of subjects and of cultural practices, and it constrains those very formations. This book uses the animating critical concerns of Cultural Studies over the last 20 years—that is, the symbolic, material, economic, and political practices and power relations that are inscribed in everyday life—to analyze the assembly of practices, procedures, sites, interactions and agents of law. The chapters in this collection accordingly examine the conditions of law’s everyday life, in situations ordinary and extraordinary, to show it in the moment of its working. This book was originally published as a special issue of Cultural Studies.