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Vol 21 No 11 Nov/Dec 2016

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Thinking Without Desire

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ISBN13: 9781841130484
ISBN: 1841130486
Published: September 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £69.00



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An attempt to evaluate the reception of continental philosophy (such as phenomenology, hermeneutics and deconstruction) with mainstream jurisprudence. The book claims that the reduction of philosophy to social theory can only be accomplished by impoverishing the impetus of philosophical thinking and, consequently, by transforming critique into criticism, and the philosophy of law into legal theory. The response developed in the book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a ""first philosophy"".;In addition to philosophy proper - the classics of antiquity, the great German philosophers, contemporary French thinking - it covers a range of jurisprudential literature. These include the neo-Kantian philosophers of law whose thinking is allegedly at the root of legal positivism, but special emphasis is also given to ""existential"" philosophers of law deeply inspired by the hermeneutical phenomenology of Martin Heidegger. Lastly, the book encourages specifically philosophical approaches in law to the thinking of French contemporaries whose work has inspired critical legal scholarship.

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Subjects:
Jurisprudence
Contents:
Part 1 To think law:
an uncertain science
a first philosophy of law
in an orderly world
right things to come
a peculiar economy

Part II Law and the social:
the juridical matrix
ethics without passion
tropisms
a minor jurisprudence
justice, finally?
"thinking without desire"