Einf Hrung In Die Rechtsph Nomenologie
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Einf Hrung In Die Rechtsph Nomenologie
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Author : Sophie Loidolt
language : de
Publisher: Mohr Siebeck
Release Date : 2010
Einf Hrung In Die Rechtsph Nomenologie written by Sophie Loidolt and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
English summary: Since its very beginning, phenomenology has inspired trans- and interdisciplinary thought. Sophie Loidolt gives the first detailed systematic and historical account of the fruitful encounter between phenomenology, jurisprudence, and philosophy of law, starting with Adolf Reinach's The Apriori Foundations of Civil Law (1913) up to contemporary readings of Hannah Arendt and Emmanuel Levinas as phenomenology of human rights. The phenomenological topics that are the focus for these original and very diverse reflections on the phenomenon of law, are questions of inter/subjectivity, the constitution of meaning, the lifeworld and worldliness of law, social acts and social ontology, the genesis of (legal) orders, the ethical demand of alterity, the experience and evidence of law, an analysis of structures of validity and eidetical methods of investigation in legal and political science. The author elaborates on the views of Husserl, Scheler, Stein, Heidegger, Merleau-Ponty, Arendt and Levinas on questions of law and justice. It will also look at their interpreters in the field of legal theory, whose interests and background range from conceptions of the legal lifeworld (G. Husserl, Schutz, Amselek, Goyard-Fabre, Hamrick) up to legal positivism (Kaufmann, Schreier) and deontic logic (Gardies). German description: aInterdisziplinaritat ist eine fruhe Qualitat des phanomenologischen Denkens: Adolf Reinachs aDie apriorischen Grundlagen des burgerlichen Rechts (1913) geben den Startschuss fur eine reichhaltige, differenzierte und heterogene Theoriebildung an der Schnittstelle von Phanomenologie, Rechtswissenschaft und Rechtsphilosophie, die bis in die Gegenwart reicht. Dabei inspirieren die phanomenologischen Themen der (Inter-)Subjektivitat, der Konstitution von Sinn, der Lebenswelt und Existenz sowie ihre methodisch forcierte Erfahrungs- und Phanomennahe neue Zugange zum Rechtsphanomen und dessen theoretischer Erfassung: Husserls Logik, Eidetik, soziale Ontologie und Lebenswelt werden in so unterschiedlichen Gebieten wie einer Theorie des Versprechens oder einer rechtspositivistischen Wissenschaftstheorie fruchtbar gemacht. Ebenso finden sich produktive rechtsphanomenologische Fortfuhrungen von Heideggers, Schelers und Merleau-Pontys Ansatzen. Gegenwartige Stromungen umfassen Ansatze der Alteritatsethik sowie Uberlegungen zu Menschenrechten und Gerechtigkeit. Rechtsphanomenologische Theorien erweisen ihre Starke vor allem als philosophisch-kritische Reflexionen auf das Recht und darin, dem rechtlichen Phanomen ein Verstandnis abzugewinnen, welches sich nicht in einer Rechtswissenschaft erschopft, sondern das arechtliche Sein des Menschen im Ganzen befragt: als Theorien der Rechtserfahrung, der Intersubjektivitat und Lebenswelt, der Alteritat, der Sinnkonstitution, der Genesis von Ordnungen, der Aufmerksamkeit auf Bruche, der Analyse von Geltungsstrukturen, operativen Prozessen, Sedimentierungen und Habitualisierungen.
Edith Stein S An Investigation Concerning The State Sociality Nationhood Ethics
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Author : Eva Reyes-Gacitúa
language : en
Publisher: Springer Nature
Release Date : 2020-02-24
Edith Stein S An Investigation Concerning The State Sociality Nationhood Ethics written by Eva Reyes-Gacitúa and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-24 with Philosophy categories.
This book explores Edith Stein's phenomenology of the state. It features chapters on the application of Stein’s political philosophy to real issues and questions affecting nations today. The contributors also situate Stein’s political theory within her larger philosophical corpus. The collection examines An Investigation Concerning the State from various angles. Scholars first consider some of the direct claims Stein makes about social and political ontology. They mine her work for its implications for and applications to contemporary debates. Then, the contributors position her work in relation to other figures in phenomenology, including Edmund Husserl and Max Scheler. Finally, Stein’s views are brought to bear on other disciplines, including feminism, theology, and literature. The contributors also use her theory of the state to address various contemporary issues, including bioethics and rights, globalization, as well as social and political inequality. The view of the state that emerges has implications for how we do politics and make ethical decisions. Moreover, Stein's work has an impact on our views of sociality (as opposed to the sociality of contractarian views of the state), pedagogy, women, theories of justice and law, as well as social psychology and religion. This volume helps readers better understand this vital voice in political philosophy and appeals to students, professors, and researchers working in the field.
The Phenomenological Approach To Social Reality
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Author : Alessandro Salice
language : en
Publisher: Springer
Release Date : 2016-02-24
The Phenomenological Approach To Social Reality written by Alessandro Salice and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Philosophy categories.
This volume features fourteen essays that examine the works of key figures within the phenomenological movement in a clear and accessible way. It presents the fertile, groundbreaking, and unique aspects of phenomenological theorizing against the background of contemporary debate about social ontology and collective intentionality. The expert contributors explore the insights of such thinkers as Martin Heidegger, Edmund Husserl, Adolf Reinach, and Max Scheler. Readers will also learn about other sources that, although almost wholly neglected by historians of philosophy, testify to the vitality of the phenomenological tradition. In addition, the contributions highlight the systematic relevance of phenomenological research by pinpointing its position on social ontology and collective intentionality within the history of philosophy. By presenting phenomenological contributions in a scholarly yet accessible way, this volume introduces an interesting and important perspective into contemporary debate insofar as it bridges the gap between the analytical and the continental traditions in social philosophy. The volume provides readers with a deep understanding into such questions as: What does it mean to share experiences with others? What does it mean to share emotions with friends or to share intentions with partners in a joint endeavor? What are groups? What are institutional facts like money, universities, and cocktail parties? What are values and what role do values play in social reality?
Ways Of Being Bound Perspectives From Post Kantian Philosophy And Relational Sociology
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Author : Patricio A. Fernández
language : en
Publisher: Springer Nature
Release Date : 2022-11-01
Ways Of Being Bound Perspectives From Post Kantian Philosophy And Relational Sociology written by Patricio A. Fernández and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-01 with Philosophy categories.
This book addresses the topic of 'being bound' from a philosophical and a sociological perspective. It examines several ways in which we are bound. We are bound to acknowledge the truth and to follow laws; we are bound to others and to the world. Who we are is partly defined by those bonds, regardless of whether we live up to them – or even of whether we acknowledge them. Puzzling questions arise from the fact that we are bound, such as: How are those bonds binding? Wherein lies their normative character? A venerable philosophical tradition, particularly since Kant, has provided an account of normativity that crucially appeals to such notions as “self-legislation.” But can our normative bonds be properly understood in these essentially first-personal terms? Many argue that our social condition resists any account of those bonds that fails to acknowledge the perspectives of the second and the third person. The first part of the book explores these themes from a historical perspective in the tradition of transcendental philosophy (Kant, Fichte, Hegel, Husserl and Heidegger); it examines the phenomenon of “being bound”, i.e., why and how we are bound. The second part of the book offers a sociological analysis of social bonds that is both historical and systematic. Based on sociological approaches to “solidarity” and “reflexivity”, it explores the way in which the phenomenon of “being bound” manifests through the concept of a “social relation”.
Empathy Sociality And Personhood
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Author : Elisa Magrì
language : en
Publisher: Springer
Release Date : 2018-03-12
Empathy Sociality And Personhood written by Elisa Magrì and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-12 with Philosophy categories.
This book explores the phenomenological investigations of Edith Stein by critically contextualising her role within the phenomenological movement and assessing her accounts of empathy, sociality, and personhood. Despite the growing interest that surrounds contemporary research on empathy, Edith Stein’s phenomenological investigations have been largely neglected due to a historical tradition that tends to consider her either as Husserl’s assistant or as a martyr. However, in her phenomenological research, Edith Stein pursued critically the relation between phenomenology and psychology, focusing on the relation between affectivity, subjectivity, and personhood. Alongside phenomenologists like Max Scheler, Kurt Stavenhagen, and Hedwig Conrad-Martius, Stein developed Husserl’s method, incorporating several original modifications that are relevant for philosophy, phenomenology, and ethics. Drawing on recent debates on empathy, emotions, and collective intentionality as well as on original inquiries and interpretations, the collection articulates and develops new perspectives regarding Edith Stein’s phenomenology. The volume includes an appraisal of Stein’s philosophical relation to Edmund Husserl and Max Scheler, and develops further the concepts of empathy, sociality, and personhood. These essays demonstrate the significance of Stein’s phenomenology for contemporary research on intentionality, emotions, and ethics. Gathering together contributions from young researchers and leading scholars in the fields of phenomenology, social ontology, and history of philosophy, this collection provides original views and critical discussions that will be of interest also for social philosophers and moral psychologists.
Detours
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Author : Violetta L. Waibel
language : en
Publisher: V&R Unipress
Release Date : 2015-09-16
Detours written by Violetta L. Waibel and has been published by V&R Unipress this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-16 with Philosophy categories.
"Detours" explores the reception of Kant's works in Vienna, Austria and Eastern Europe from a historical point of view and focuses on six topics: Kant and Censorship, Kant and Karl Leonhard Reinhold, who was the first Kantian born in Vienna and became a precursor for German and Austrian Kant reception in Jena, Kant and Eastern Europe, Kant and his Poets, Kant and Phenomenology and Kant and the Vienna Circle. In this way, the ambivalent perception of Kant in Austria becomes clearer: On the one hand Kant was censored and criticized harshly but on the other hand Kant's philosophy was studied actively in the "underground".
Perception Affectivity And Volition In Husserl S Phenomenology
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Author : Roberto Walton
language : en
Publisher: Springer
Release Date : 2017-05-23
Perception Affectivity And Volition In Husserl S Phenomenology written by Roberto Walton and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-23 with Philosophy categories.
This collection of essays by scholars from Europe, Asia, North America, and Latin America offers new perspectives of the phenomenological investigation of experiential life on the basis of Husserl’s phenomenology. Not only well-known works of Husserl are interpreted from new angles, but also the latest volumes of the Husserliana are closely examined. In a variety of ways, the contributors explore the emergence of reason in experience that is disclosed in the very regions that are traditionally considered to be “irrational” or “pre-rational.” The leading idea of such explorations is Husserl’s view that perception, affectivity, and volition are regarded as the three aspects of reason. Without affectivity, which is supposedly irrational, no rationality can be established in the spheres of representation and volition, whereas volitional and representational acts consistently structure the process of affective experience. In such a framework, it is also shown that theoretical and practical reason are inseparably intertwined. Thus, the papers collected here can be regarded as a collaborative phenomenological investigation into the entanglement and mutual dependency of the supposedly “rational” and the “irrational” as well as that of the “practical” and the “theoretical.”
Phenomenology And The Transcendental
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Author : Sara Heinämaa
language : en
Publisher: Routledge
Release Date : 2014-04-03
Phenomenology And The Transcendental written by Sara Heinämaa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-03 with Philosophy categories.
The aim of this volume is to offer an updated account of the transcendental character of phenomenology. The main question concerns the sense and relevance of transcendental philosophy today: What can such philosophy contribute to contemporary inquiries and debates after the many reasoned attacks against its idealistic, aprioristic, absolutist and universalistic tendencies—voiced most vigorously by late 20th century postmodern thinkers—as well as attacks against its apparently circular arguments and suspicious metaphysics launched by many analytic philosophers? Contributors also aim to clarify the relations of transcendental phenomenology to other post-Kantian philosophies, most importantly to pragmatism and Wittgenstein’s philosophical investigations. Finally, the volume offers a set of reflections on the meaning of post-transcendental phenomenology.
Fault Lines Of Globalization
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Author : Hans Lindahl
language : en
Publisher: Oxford University Press
Release Date : 2013-09-26
Fault Lines Of Globalization written by Hans Lindahl and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with Law categories.
The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.
The Existential Husserl
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Author : Marco Cavallaro
language : en
Publisher: Springer Nature
Release Date : 2022-10-25
The Existential Husserl written by Marco Cavallaro and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-25 with Philosophy categories.
This book examines Husserl’s approach to the question concerning meaning in life and demonstrates that his philosophy includes a phenomenology of existence. Given his critique of the fashionable “philosophy of existence” of the late 1920s and early 1930s, one might think that Husserl posited an opposition between transcendental phenomenology and existential philosophy, as well as that in this respect he differed from existential phenomenologists after him. But texts composed between 1908 and 1937 and recently published in Husserliana XLII, Grenzprobleme der Phänomenologie (2014), show that the existential Husserl was not opposed but open to the phenomenological investigation of several basic topics of a philosophy of existence. A collection of contributions from a team of internationally recognized scholars drawing on these and other sources, the present volume offers insights into the relationship between phenomenology and philosophy of existence. It does so by (1) delineating the basic outlines of Husserl’s phenomenology of existence, (2) reinterpreting the tension between Husserl’s transcendental phenomenology and Jaspers’s and Heidegger’s philosophy of existence as well as Kierkegaard’s and Sartre’s existentialism, and (3) investigating the existential aspects of Husserl’s phenomenological ethics. Thus focusing on neglected aspects of Husserl’s thought, the volume shows that there is a consensus between classical phenomenology and existential phenomenology on the urgency of addressing the existential questions that in The Crisis of the European Sciences and Transcendental Phenomenology (1936) Husserl calls “the questions concerning the meaning or meaninglessness of this entire human existence”. The Existential Husserl represents a major contribution to the clarification of the historical and philosophical developments from transcendental phenomenology to existential phenomenology. The book should appeal to a wide audience of many readers at all levels looking for phenomenological answers to existential questions.