ISBN:
9781402062568
Language:
English
Pages:
Online-Ressource
,
v.: digital
Edition:
Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
Series Statement:
Law and Philosophy Library 82
Parallel Title:
Druckausg. Coskun, Deniz Law as symbolic form
DDC:
340
Keywords:
Law Philosophy
;
Philosophy of law
;
Law
;
Political science
;
Humanities
;
Cassirer, Ernst 1874-1945
;
Rechtsphilosophie
Abstract:
This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.
Abstract:
Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics. They are separate domains for Cassirer, and both direct their claims differently on the individual. Whereas ethics concerns the motives of the individual, law ultimately achieves a cosmos for our world of outward actions. However, they are not separated by a neutral line or a vacuum. For law to have effect as a symbolic form it is necessary that it reflects the law in the mind of people i.e., that one could and ought to have assented to it out of ethical principles and maxims. The conceptual analysis of law goes hand to hand with its genetic account. Both ethics and law are products of, spring forth from the formative or symbolic powers of man, and although, as any other symbolism, they might confront us as something objective, i.e., as part of reality that is beyond our immediate reach, ultimately we must always bring them to account to their very source: our independent and individual moral judgment. In this book we describe the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force.
Description / Table of Contents:
Front Matter; Cassirer's Public Engagement with Weimar; Cassirer And Heidegger. An Intermezzo on Magic Mountain; Cassirer In Exile An Essay On The Recovery Of Individual Moral Judgement; The Politics Of Myth. Cassirer's Pathology Of The Totalitarian State; The Philosophy Of Symbolic Forms; Cassirer's Position In Relation To Neo-Kantianism?; Law As A Symbolic Form; The Linguistic Turn Of Social Contract Theory; Cassirer's Position In Relation To Neo-Kantian Jurisprudence; Back Matter
Note:
Includes bibliographical references (p. 339-378) and index
,
Electronic reproduction; Available via World Wide Web
DOI:
10.1007/978-1-4020-6256-8
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