Beyond Transcendence in Law and Philosophy

Beyond Transcendence in Law and Philosophy PDF Author: Louis E. Wolcher
Publisher: Taylor & Francis
ISBN: 1000951200
Category : Law
Languages : en
Pages : 274

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Book Description
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 Philosophy is 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.

Beyond Transcendence in Law and Philosophy

Beyond Transcendence in Law and Philosophy PDF Author: Louis E. Wolcher
Publisher: Taylor & Francis
ISBN: 1000951200
Category : Law
Languages : en
Pages : 274

Get Book Here

Book Description
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 Philosophy is 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.

The Oxford Handbook of Levinas

The Oxford Handbook of Levinas PDF Author: Michael L. Morgan
Publisher: Oxford University Press
ISBN: 0190910690
Category : Philosophy
Languages : en
Pages : 975

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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.

The Ethics of Justice Without Illusions

The Ethics of Justice Without Illusions PDF Author: Louis E. Wolcher
Publisher: Routledge
ISBN: 1317518349
Category : Law
Languages : en
Pages : 264

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Book Description
The founding premise of this book is that the nimbus of prestige, which once surrounded the idea of justice, has now been dimmed to such a degree that it is no longer sufficient to secure the possibility of a good conscience for those who undertake, in good faith, to make the world a better place in the spheres of politics and law. The many decent human beings who have noticed and experienced this diminishment of justice’s prestige find themselves in a thoroughly disenchanted existential situation. For them, the attempt to do justice without the illusion of being grounded in something beyond the sheer facticity of their own performances is a distinctly ethical theme, which cries out to be investigated in its own right. Heeding the cry, this book asks and attempts to answer the following fundamental ethical question: is a life in the law – even one spent in the pursuit of justice – worth living, and if so, how can a disenchanted person come to bear the living of it without constantly having to engage in self-deception? If Nietzsche is right that living without illusions is impossible for human beings, then the most important ethical implication of this essentially anthropological fact goes far beyond the question of what illusions we ought to choose. It must also include the question of whether we should succumb to that most seductive and pernicious of all illusions: namely, the belief that exercising great care and responsibility in choosing our illusions – which we might then call our ‘principles of justice’ – excuses us ethically for what we do to others in their name. The culmination of a 10 year legal-philosophical project, this book will appeal to graduate students, scholars and curious non-academic intellectuals interested in continental philosophy, critical legal theory, postmodern theology, the philosophy of human rights and the study of individual ethics in the context of law.

God and Other Spirits

God and Other Spirits PDF Author: Phillip H. Wiebe
Publisher: Oxford University Press
ISBN: 9780198032120
Category : Religion
Languages : en
Pages : 278

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Book Description
Many people believe in angels and evil spirits, and popular culture abounds in talk about encounters with such entities. Yet the question of the existence of such spirits is ignored in the academy. Even the Christian Church, which one might expect to show keen interest in transcendent realities, does not appear to be paying much attention. In this book Phillip Wiebe defends the plausibility of the traditional Christian claim that spirits are real. Wiebe examines descriptions of encounters with both good and evil transcendent beings in biblical times and in later Christian history, along with recent accounts of similar experiences. He argues that invisible beings can be postulated to explain events just as unobservable objects are postulated in many scientific theories. Beyond supporting claims for the existence of lesser spirits such as demons and angels, this empirical approach yields important results for assessing common arguments surrounding the existence of God - a question that has become artificially separated from the question of spirits as such. Grounding his argument in a wide range of phenomena - from near death experiences to demonic possession - Wiebe offers a sophisticated case for belief in God on philosophical and epistemological grounds.

Law's Task

Law's Task PDF Author: Louis E. Wolcher
Publisher: Routledge
ISBN: 131710725X
Category : Law
Languages : en
Pages : 320

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Book Description
What is the ultimate task of law? This deceptively simple question guides this volume towards a radically original philosophical interpretation of law and justice. Weaving together the philosophical, jurisprudential and ethical problems suggested by five general terms - thinking, human suffering, legal meaning, time and tragedy - the book places the idea of law's ultimate task in the context of what actually happens when people seek to do justice and enforce legal rights in a world that is inflected by the desperation and suffering of the many. It traces the rule of law all the way down to its most fundamental level: the existence of universal human suffering and how it is that law-doers inflict or tolerate that suffering.

Interpreting and Explaining Transcendence

Interpreting and Explaining Transcendence PDF Author: Robert A. Yelle
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110688336
Category : Religion
Languages : en
Pages : 363

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Book Description
In this volume, an interdisciplinary group of scholars uses history, sociology, anthropology, and semiotics to approach Transcendence as a human phenomenon, and shows the unavoidability of thinking with and through the Beyond. Religious experience has often been defined as an encounter with a transcendent God. Yet humans arguably have always tried to get outside or beyond themselves and society. The drive to exceed some limit or condition of finitude is an eduring aspect of culture, even in a "disenchanted" society that may have cut off most paths of access to the Beyond. The contributors to this volume demonstrate the humanity of Transcendence in various ways: as an effort to get beyond our crass physical materiality; as spiritual entrepreneurship; as the ecstasy of rituals of possession; and as a literary, aesthetic, and semiotic event. These efforts build from a shared conviction that Transcendene is thoroughly human, and accordingly avoid purely confessional and parochial approches while taking seriously the various claims and behavioral expressions of traditions in which Transcendence has been understood in theological terms.

Niklas Luhmann: Law, Justice, Society

Niklas Luhmann: Law, Justice, Society PDF Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135211272
Category : Law
Languages : en
Pages : 474

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Book Description
Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence. The book operates both as a detailed explanation of the theory’s concepts and as the locus of a critique which brings forth Luhmann’s radical credentials. The focal points are Luhmann’s concept of society and the law’s paradoxical connection to justice. However, these concepts are also transgressed in order to show how the law deals with the illusion of its identity, and more broadly how the theory itself deals with its limitations. This is illustrated by examples drawn from human rights, constitutional theory and ecological thinking. On the whole, Niklas Luhmann: Law, Justice, Society serves both as an introductory text and as a critical response to Luhmann’s theory, and is recommended reading for students and researchers in sociology, law, social sciences, politics and whoever is interested in seeing the influential work of Niklas Luhmann from a critical new perspective.

Transcendence and Beyond

Transcendence and Beyond PDF Author: John D. Caputo
Publisher: Indiana University Press
ISBN: 0253348749
Category : Philosophy
Languages : en
Pages : 522

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Book Description
A benchmark volume at the intersection of philosophy and religion

Foucault, Buddhism and Disciplinary Rules

Foucault, Buddhism and Disciplinary Rules PDF Author: Malcolm Voyce
Publisher: Routledge
ISBN: 1317133773
Category : Religion
Languages : en
Pages : 293

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Book Description
This book suggests that previous critiques of the rules of Buddhist monks (Vinaya) may now be reconsidered in order to deal with some of the assumptions concerning the legal nature of these rules and to provide a focus on how Vinaya texts may have actually operated in practice. Malcolm Voyce utilizes the work of Foucault and his notions of 'power' and 'subjectivity' in three ways. First, he examines The Buddha's role as a lawmaker to show how Buddhist texts were a form of lawmaking that had a diffused and lateral conception of authority. While lawmakers in some religious groups may be seen as authoritative, in the sense that leaders or founders were coercive or charismatic, the Buddhist concept of authority allows for a degree of freedom for the individual to shape or form themselves. Second, he shows that the confession ritual acted as a disciplinary measure to develop a unique sense of collective governance based on self regulation, self-governance and self-discipline. Third, he argues that while the Vinaya has been seen by some as a code or form of regulation that required obedience, the Vinaya had a double nature in that its rules could be transgressed and that offenders could be dealt with appropriately in particular situations. Voyce shows that the Vinaya was not an independent legal system, but that it was dependent on the Dharmaśāstra for some of its jurisprudential needs, and that it was not a form of customary law in the strict sense, but a wider system of jurisprudence linked to Dharmaśāstra principles and precepts.

Subjectivity and Transcendence

Subjectivity and Transcendence PDF Author: Arne Grøn
Publisher: Mohr Siebeck
ISBN: 9783161492600
Category : Philosophy, Modern
Languages : en
Pages : 270

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Book Description
"The book has its origins in a conference entitled "Subjectivity and Transcendence," which was held at the Danish National Research Foundation: Center for Subjectivity Research, University of Copenhagen, Denmark, in November 2003... However, the book is not a conference proceedings volume"--Pref.