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Thinking about Law - In Silence with Heidegger (Paperback, New)
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Thinking about Law - In Silence with Heidegger (Paperback, New)
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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.
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