Thinking about Law: In Silence with Heidegger

Thinking about Law: In Silence with Heidegger Author Oren Ben-Dor
ISBN-10 184113354X
ISBN-13 9781841133546
Year 2007-09-01
Pages 414
Language English
Publisher Hart Publishing
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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 destabilizing 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 radicalizes a derivative ontology A call for thinking about law is then connected to Heideggerian ontologically based otherness upon which an ethics that the essence of law enforces is grounded

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