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Thinking without Desire: A First Philosophy of Law
Contributor(s): Minkkinen, Panu (Author)
ISBN: 1841130486     ISBN-13: 9781841130484
Publisher: Hart Publishing
OUR PRICE:   $133.65  
Product Type: Hardcover
Published: October 1999
Qty:
Annotation: This book is an attempt to evaluate the reception of Continental philosophy (phenomenology, hermeneutics, deconstruction, etc.) within 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 this 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 - the book covers a wide range of jurisprudential literature. This includes 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
Additional Information
BISAC Categories:
- Law | Jurisprudence
- Philosophy | History & Surveys - Modern
Dewey: 340.1
LCCN: 00269111
Physical Information: 0.56" H x 6.14" W x 9.21" (1.07 lbs) 256 pages
 
Descriptions, Reviews, Etc.
Publisher Description:

The book is an attempt to evaluate the reception of Continental philosophy (phenomenology, hermeneutics, deconstruction, etc.) within 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 this 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 -, the book covers a wide 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 during the past ten years.


Contributor Bio(s): Minkkinen, Panu: - Panu Minkkinnen is a Lecturer at the University of Helsinki.