Thinking About Law

Author: Oren Ben-Dor
Publisher: Bloomsbury Publishing
ISBN: 1847313825
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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.

Law And Art

Author: Oren Ben-Dor
Publisher: Routledge
ISBN: 1136719741
Size: 10.34 MB
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In engaging with the full range of 'the arts', contributors to this volume consider the relationship between law, justice, the ethical and the aesthetic. Art continually informs the ethics of a legal theory concerned to address how theoretical abstractions and concrete oppressions overlook singularity and spontaneity. Indeed, the exercise of the legal role and the scholarly understanding of legal texts were classically defined as ars iuris - an art of law - which drew on the panoply of humanist disciplines, from philology to fine art. That tradition has fallen by the wayside, particularly in the wake of modernism. But approaching art in that way risks distorting the very inexpressibility to which art is attentive and responsive, whilst remaining a custodian of its mystery. The novelty and ambition of this book, then, is to elicit, in very different ways, styles and orientations, the importance of the relationship between law and art. What can law and art bring to one another, and what can their relationship tell us about how truth relates to power? The insights presented in this collection disturb and supplement conventional accounts of justice; inaugurating new possibilities for addressing the origin of violence in our world.

Heidegger And The Political

Author: Miguel de Beistegui
Publisher: Routledge
ISBN: 1134791240
Size: 49.70 MB
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Recent studies of Heidegger's involvement with National Socialism have often presented Heidegger's philosophy as a forerunner to his political involvement. This has occured often to the detriment of the highly complex nature of Heidegger's relation to the political. Heidegger and the Political redresses this imbalance and is one of the first books to critically assess Heidegger's relation to politics and his conception of the political. Miguel de Beistegui shows how we must question why the political is so often displaced in Heidegger's writings rather than read the political into Heidegger. Exploring Heidegger's ontology where politics takes place after a forgetting of Being and his wish to think a site more originary and primordial than politics, Heidegger and the Political considers what some of Heidegger's key motifs - his emphasis on lost origins, his discussions of Holderlin's poetry, his writing on technology and the ancient Greek polis - may tell us about Heidegger's relation to the political. Miguel de Beistegui also engages with the very risks implicit in Heidegger's denial of the political and how this opens up the question of the risk of thinking itself. Heidegger and the Political is essential reading for students of philosophy and politics and all those interested in the question of the political today.

From Phenomenology To Thought Errancy And Desire

Author: B.E. Babich
Publisher: Springer Science & Business Media
ISBN: 9401716242
Size: 67.67 MB
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For both continental and analytic styles of philosophy, the thought of Martin Heidegger must be counted as one of the most important influences in contemporary philosophy. In this book, essays by internationally noted scholars, ranging from David B. Allison to Slavoj Zizek, honour the interpretive contributions of William J. Richardson's pathbreaking Heidegger: Through Phenomenology to Thought. The essays move from traditional phenomenology to the idea of essential (another) thinking, the questions of translation and existential expressions of the turn of Heidegger's thought, the intersection of politics and language, the philosophic significance of Jacques Lacan, and several essays on science and technology. All show the influence of Richardson's first study. A valuable emphasis appears in Richardson's interpretation of Heidegger's conception of die Irre, interpreted as Errancy, set in its current locus in a discussion of Heidegger's debacle with the political in his involvement with National Socialism.

Heidegger And The Quest For The Sacred

Author: F. Schalow
Publisher: Springer Science & Business Media
ISBN: 9401597731
Size: 31.73 MB
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Although there are various `religious' traces in Heidegger's philosophy, little effort has been made to show the systematic import which his thinking has for outlining a full range of religious and theological questions. Precisely because his thought is opposed to the construction of any `dogma', his vast writings provide clues to what meaning(s) the `Sacred' and the `Divine' may have in a postmodern age where the very possibility of `faith' hangs in the balance. By showing how Heidegger's own thinking can be interpreted as a struggle to come to terms with religious questions, this book undertakes a postmodern investigation of the Sacred which both draws upon and transcends various world-religions and denominations. A postmodern, non-sectarian vision of the Sacred thereby becomes possible which is open to the plurality of religious experiences on the one hand, and yet affirms on the other Heidegger's emphasis (in Beiträge zur Philosophie) on the `last god' as the displacing of all sectarian visions of god. This book will have special appeal to Heidegger scholars, as well as students interested in the overlap between phenomenology and philosophical theology.

Beyond Transcendence In Law And Philosophy

Author: Louis E. Wolcher
Publisher: Psychology Press
ISBN: 9781859419854
Size: 12.92 MB
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What is the law of the law? What produces our craven subservience to linguistic norms, and our shocking indifference to the phenomenon of universal suffering? In a path-breaking new work of philosophy, Louis Wolcher seeks to answer these questions from the standpoint of Zen Buddhism. Bringing an Eastern sensibility into contact with three of the most important themes in Western philosophy, Beyond Transcendence in Law and Philosophy meticulously investigates three of the twentieth century's most important philosophers: Martin Heidegger - on being, Emmanuel Levinas - on ethics, and Ludwig Wittgenstein - on language. In the context of the larger Western obsession with transcending the ordinary, Louis Wolcher argues that the yearning for transcendence is born of the illusion that there is a fundamental difference between the ordinary and the profound. Employing Zen koans and stories to advance a 'deflationary' view of language and knowledge, he goes on to argue that the norms of transcendence to which we cling are not eternal truths but artefacts of desperate minds adrift on a sea of impermanence. What used to seem so majestically True, Right and Just thus shows itself to be utterly mundane: as merely true, right and just. What is left, however, is not nihilism - for clinging to a view of 'nothingness' is just as deluded as clinging to a view of 'somethingness' - but rather a new beginning of compassionate concern for the suffering of others. Beyond Transcendence in Law and Philosophyis a strikingly original synthesis of Eastern and Western thought. It will enlighten philosophers and legal theorists, as well as those who are interested in or open to the insights of Zen Buddhism.

Heidegger On Being Uncanny

Author: Katherine Withy
Publisher: Harvard University Press
ISBN: 0674286790
Size: 37.39 MB
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There are bizarre moments when we feel like strangers to ourselves. Through an investigation of Heidegger’s concept of uncanniness, Katherine Withy explores what such experiences reveal. She shows that we can be what we are only if we do not fully understand what it is to be us, and points toward what it is to live well as an uncanny human being.

Heidegger And Theology

Author: Judith Wolfe
Publisher: Bloomsbury Publishing
ISBN: 0567656225
Size: 77.48 MB
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Martin Heidegger is the 20th century theology philosopher with the greatest importance to theology. A cradle Catholic originally intended for the priesthood, Heidegger's studies in philosophy led him to turn first to Protestantism and then to an atheistic philosophical method. Nevertheless, his writings remained deeply indebted to theological themes and sources, and the question of the nature of his relationship with theology has been a subject of discussion ever since. This book offers theologians and philosophers alike a clear account of the directions and the potential of this debate. It explains Heidegger's key ideas, describes their development and analyses the role of theology in his major writings, including his lectures during the National Socialist era. It reviews the reception of Heidegger's thought both by theologians in his own day (particularly in Barth and his school as well as neo-Scholasticism) and more recently (particularly in French phenomenology), and concludes by offering directions for theology's possible future engagement with Heidegger's work.

Martin Heidegger In Europe And America

Author: E.G. Ballard
Publisher: Springer Science & Business Media
ISBN: 9401019819
Size: 37.56 MB
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When Heidegger's influence was at its zenith in Gennany from the early fifties to the early sixties, most serious students of philosophy in that country were deeply steeped in his thought. His students or students of his students filled many if not most of the major chairs in philosophy. A cloud of reputedly Black Forest mysticism veiled the perspective of many of his critics and admirers at home and abroad. Droves of people flocked to hear lectures by him that most could not understand, even on careful reading, much less on one hearing. He loomed so large that Being and Time frequently could not be seen as a highly imaginative, initial approach to a strictly limited set of questions, but was viewed either as an all-embracing fmt order catastrophy incorporating at once the most feared consequences of Boehme, Kierkegaard, RiIke, and Nietzsche, or as THE ANSWER. But most of that has past. Heidegger's dominance of Gennan philosophy has ceased. One can now brush aside the larger-than-life images of Heidegger, the fears that his language was creating a cult phenomenon, the convictions that only those can understand him who give their lives to his thought. His language is at times unusually difficult, at times simple and beautiful. Some of his insights are obscure and not helpful, others are exciting and clarifying. One no longer expects Heidegger to interpret literature like a literary critic or an academic philologist.