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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.
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.
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.
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 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.
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