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Ethics - New Trajectories in Law (Paperback)
Loot Price: R773
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Ethics - New Trajectories in Law (Paperback)
Series: New Trajectories in Law
Expected to ship within 12 - 17 working days
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This book examines ethics at the intersection of law and justice.
If law and justice are concerned with collectively establishing the
general terms on which the plurality called "we" share the earth as
social beings, then ethics concerns the individual Self's
particular moral relationship with the Other. Law, the acknowledged
offspring of politics, represents the kind of might that most
people accept as legitimate, at least most of the time. Justice, on
the other hand, is supposed to vigilantly stand guard over law: to
protect us against its biases and excesses, or, at the very least,
to rise up and reproach the law whenever it permits or encourages
injustice. But what if the belief that a particular
legally-authorized state of affairs is "just" - a common enough
feeling, especially amongst the privileged - or even "unjust" and
in need of correction, were itself in need of a vigilant guardian?
This book argues that ethics can and should stand guard over
whatever image of justice and/or just law one happens to believe
in. The book thus attempts to steer a perilous course between two
looming moral hazards: ethics interpreted as the rational
production of ethically correct behavior (as in Kant) and ethics
interpreted as the spontaneous eruption of pre-rational compassion
for the suffering of the Other, come what may (as in Levinas). In
the end, the book characterizes ethical life in the law as the
more-or-less constant experience of the paradoxical nature of this
choice - a feeling of inescapable personal responsibility for the
fate of the Other. Based on the author's well-established expertise
in the area, this book will appeal to students, scholars and others
with interests in legal theory and moral and political philosophy.
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