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Justice and the Slaughter Bench - Essays on Law's Broken Dialectic (Paperback)
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Justice and the Slaughter Bench - Essays on Law's Broken Dialectic (Paperback)
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In this follow-up to Law and the Beautiful Soul, Alan Norrie
addresses the split between legal and ethical judgment. Shaped by
history, law's formalism both eschews and requires ethics. The
first essays consider legal form in its practical aspect, and the
ethical problems encountered ('law's architectonic'). The later
essays look at the complex underlying relation between law and
ethics ('law's constellation'). In Hegel's philosophy, legal and
ethical judgment are brought together in a rational totality. Here,
the synthesis remains unachieved, the dialectic systematically
'broken'. These essays cover such issues as criminal law's 'general
part', homicide reform, self-defence, euthanasia, and war guilt.
They interrogate legal problems, consider law's method, and its
place in the social whole. The analysis of law's historicity, its
formalism and its relation to ethics contributes importantly to
central questions in law, legal theory and criminal justice.
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