Download Thinking Without Desire: A First Philosophy of Law by Panu Minkkinen PDF

By Panu Minkkinen

ISBN-10: 1841130486

ISBN-13: 9781841130484

ISBN-10: 1847310923

ISBN-13: 9781847310927

This e-book is an try and review the reception of Continental philosophy (phenomenology, hermeneutics, deconstruction, etc.) inside of mainstream jurisprudence. The publication claims that the relief of philosophy to social conception can purely be comprehensive through impoverishing the impetus of philosophical considering and, therefore, via reworking critique into feedback, and the philosophy of legislations into criminal idea. The reaction built during this booklet is the construction of a metaphysical knowing of legislation or, in different phrases, what Aristotle referred to as a primary philosophy. as well as philosophy right - the classics of Antiquity, the nice German philosophers, modern French considering - the ebook covers quite a lot of jurisprudential literature. This comprises the neo-Kantian philosophers of legislations whose pondering is allegedly on the root of felony positivism, yet certain emphasis is usually given to existential philosophers of legislations deeply encouraged via the hermeneutical phenomenology of Martin Heidegger. finally, the ebook encourages particularly philosophical methods in legislation to the contemplating French contemporaries whose paintings has encouraged serious felony scholarship up to now ten years.

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Extra resources for Thinking Without Desire: A First Philosophy of Law

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45 Confusing object and objective, critical legal scholarship is preceded by an axiology of social values, and in this sense we are, indeed, dealing with a “legal” science in which the directives of social criticism fill the void of the unconscious truth. As critical theory, the science of law is unable to either criticise or to analyse the modern Cartesian subject that it seemingly denounces, but can merely reaffirm it in its self-assuring tonality. The strong opposition against Lacan’s antihumanistic epistemology robbing man of the sovereign position he has possessed ever since the beginnings of the Enlightenment—this is why Lacan was so uncomfortable with the notion of a “science of man” and preferred to use the term “conjectural science”—can be interpreted as the symptom of a failing Cartesian humanism.

95–102. 7 30 Thinking Without Desire: To Think Law Heidegger that the question of Being is the axis around which philosophical thinking revolves, we can, in a preparatory manner, characterise the premises of a “metaphysical” account of law. I will argue that a being that is “what it was to be”—this is the to ti en einai of Aristotle’s “first philosophy”—must necessarily remain inaccessible to man. Animated by a desire for truth, a desire the structure of which I have tried to elaborate in the previous chapter, philosophy can merely pronounce what is “correct” or “right”.

22 But being a method of thought, the idea of law has no normative authority in itself. It merely couples juridical volition with the teleological nature of human volition in general. Even if juridical volition is a particular expression of human will, it must also participate in the general scheme of volition. 23 When the idea of law directs positive law 18 Stammler, Theorie der Rechtswissenschaft, pp. 90–95. , pp. 101–105. , pp. 109–113. , p. 113. 22 Stammler, Die Lehre von dem richtigen Rechte, pp.

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