An Existential Phenomenology of Law: Maurice Merleau-Ponty PDF Download
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Author: William S. Hamrick
Publisher: Springer
ISBN: 9789401707084
Category : Philosophy
Languages : en
Pages : 246
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Book Description
The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.
Author: William S. Hamrick
Publisher: Springer
ISBN: 9789401707084
Category : Philosophy
Languages : en
Pages : 246
Get Book Here
Book Description
The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.
Author: William S. Hamrick
Publisher: Springer Science & Business Media
ISBN: 9401707073
Category : Philosophy
Languages : en
Pages : 254
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Book Description
The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.
Author: Maurice Merleau-Ponty
Publisher: Motilal Banarsidass Publishe
ISBN: 9788120813465
Category : Philosophy
Languages : en
Pages : 494
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Book Description
Buddhist philosophy of Anicca (impermanence), Dukkha (suffering), and
Author: Maurice Merleau-Ponty
Publisher: Northwestern University Press
ISBN: 9780810101647
Category : Philosophy
Languages : en
Pages : 252
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Book Description
Selected essays of Maurice Merleau-Ponty published from 1947 to 1961.
Author: Lester Embree
Publisher: Springer Science & Business Media
ISBN: 9401588813
Category : Philosophy
Languages : en
Pages : 778
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Book Description
This encyclopedia presents phenomenological thought and the phenomenological movement within philosophy and within more than a score of other disciplines on a level accessible to professional colleagues of other orientations as well as to advanced undergraduate and graduate students. Entries average 3,000 words. In practically all cases, they include lists of works "For Further Study." The Introduction briefly chronicles the changing phenomenological agenda and compares phenomenology with other 20th Century movements. The 166 entries are a baut matters of seven sorts: ( 1) the faur broad tendencies and periods within the phenomenological movement; (2) twenty-three national traditions ofphenomenology; (3) twenty-two philosophical sub-disciplines, including those referred to with the formula "the philosophy of x"; (4) phenomenological tendencies within twenty-one non-philosophical dis ciplines; (5) forty major phenomenological topics; (6) twenty-eight leading phenomenological figures; and (7) twenty-seven non-phenomenological figures and movements ofinteresting sim ilarities and differences with phenomenology. Conventions Concern ing persons, years ofbirth and death are given upon first mention in an entry ofthe names of deceased non-phenomenologists. The names of persons believed tobe phenomenologists and also, for cross-referencing purposes, the titles of other entries are printed entirely in SMALL CAPITAL letters, also upon first mention. In addition, all words thus occurring in all small capital letters are listed in the index with the numbers of all pages on which they occur. To facilitate indexing, Chinese, Hungarian, and Japanese names have been re-arranged so that the personal name precedes the family name.
Author: Christopher Berry Grey
Publisher: Routledge
ISBN: 1135582769
Category : Philosophy
Languages : en
Pages : 485
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Book Description
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Author: Christopher Berry Gray
Publisher: Taylor & Francis
ISBN: 0815313446
Category : Law
Languages : en
Pages : 485
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Book Description
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.
Author: Maurice Merleau-Ponty
Publisher: Northwestern University Press
ISBN: 0810120437
Category : Philosophy
Languages : en
Pages : 509
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Book Description
This title offers a comprehensive view of Maurice Merleau-Ponty's work, this selection collecting in one volume the foundational essays necessary for understanding the core of this critical 20th-century philosopher's thought.
Author: William E. Conklin
Publisher: Taylor & Francis
ISBN: 1040025447
Category : Law
Languages : en
Pages : 302
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Book Description
Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.
Author: Luigi Corrias
Publisher: Springer Science & Business Media
ISBN: 9400710348
Category : Philosophy
Languages : en
Pages : 181
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Book Description
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
