Download or read book Proximity Levinas and the Soul of Law written by Desmond Manderson and published by McGill-Queen's Press - MQUP. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between tort law jurisprudence and the ethics and phenomenology of Emmanuel Levinas.

Download or read book Proximity Levinas and the Soul of Law written by Desmond Manderson and published by McGill-Queen's Press - MQUP. This book was released on 2006-05-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Essays on Levinas and Law written by Desmond Manderson and published by Springer. This book was released on 2008-12-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Oxford Handbook of Levinas written by Michael L. Morgan and published by Oxford University Press. This book was released on 2019-04-10 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Levinas Law Politics written by Marinos Diamantides and published by Routledge. This book was released on 2007-08-07 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Kangaroo Courts and the Rule of Law written by Desmond Manderson and published by Routledge. This book was released on 2012 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Download or read book Thinking about Law written by Oren Ben-Dor and published by Bloomsbury Publishing. This book was released on 2007-10-04 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Levinas Ethics and Law written by Stone Matthew Stone and published by Edinburgh University Press. This book was released on 2016-01-11 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Law Relationality and the Ethical Life written by Tom Frost and published by Routledge. This book was released on 2021-08-30 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book New Critical Legal Thinking written by Matthew Stone and published by Taylor & Francis. This book was released on 2012-10-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Levinas Messianism and Parody written by Terence Holden and published by Bloomsbury Publishing. This book was released on 2011-09-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Subjectivity Citizenship and Belonging in Law written by Anne Griffiths and published by Taylor & Francis. This book was released on 2016-10-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Problem of Political Foundations in Carl Schmitt and Emmanuel Levinas written by Gavin Rae and published by Springer. This book was released on 2016-09-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Justice of Mercy written by Linda R Meyer and published by University of Michigan Press. This book was released on 2010-11-22 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize. . . . Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James

Download or read book Justice and the Ethics of Legal Interpretation written by Susanna Lindroos-Hovinheimo and published by Routledge. This book was released on 2013-03-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cultural Studies of Law written by Cristyn Davies and published by Routledge. This book was released on 2015-10-14 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Saying Peace written by Jack Marsh and published by State University of New York Press. This book was released on 2021-10-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinas's big idea is that our lived sense of moral obligation occurs in an immediate experience of the otherness of the Other, and that moral meaning is grounded in alterity rather than identity. Yet he also held what seemed an inconsiderate, or "eurocentric," view of other cultural traditions. In Saying Peace, Jack Marsh explores this problem, testing the coherence and adequacy of Levinas's central philosophical claims. Using a twofold method of reconstruction and critique, Marsh conducts a holistic immanent evaluation of Levinas's major works, showing how the problem of eurocentrism, and abiding ambiguities in Levinas's political and religious thought, can be traced back to specific problems in his general philosophical methodology. Marsh offers an original analysis of Levinas's method that verifies and extends existing critical work by Jacques Derrida, Robert Bernasconi, Judith Butler, and others. This is the first book to foreground the normative question of chauvinism in Levinas's work, and the first to perform a holistic critical diagnosis of his general philosophical method.