Justice and the Slaughter Bench: Essays on Law's Broken Dialectic

ISBN-13: 9781138955110 / Angielski / Twarda / 2016 / 222 str.

Alan Norrie

Opis

In this follow-up to Alan Norrie s Law and the Beautiful Soul (Routledge, 2005), Alan Norrie addresses the unresolved split between legal and ethical judgment. This split is seen as a product of the historical shaping of legal judgment, such that its abstraction and formalism both eschew ethical judgment, but also require it. The essays in the first half of the book consider legal formalism in its practical aspect, and the ethical difficulties thereby presented. The essays in the second half look at the underlying, suppressed ethical connections that can t ultimately be denied, at a more theoretical level. In Hegel s philosophy, legal and ethical judgment are connected by synthesis of the different elements in a rational totality. In the analysis presented here, that synthesis remains unachieved. These are, then, essays in broken dialectic, which not only interrogate contemporary legal problems, but also reflect on questions of legal method. Covering a range of issues including self defence, euthanasia, and war guilt this exposition of the problematic relationship between legal and ethical judgment makes an important contribution to the central questions in law and legal theory, as well as criminal justice."

Spis treści

1. How Does Law Judge, How Should it be Judged?  Part 1: Law's Architectonic  2. Citizenship, Authoritarianism and the Changing Shape of Criminal Law  3. Between Orthodox Subjectivism and Moral Contextualism: Intention and the Law Commission Report  4. The Problem of Mistaken Self-defence: Citizenship, Chiasmus, and Legal Form  5. Legal Form and Moral Judgment: Euthanasia and Assisted Suicide  6. Alan Brudner and the Dialectics of Criminal Law  Part 2: Law's Constellation  7. Justice on the Slaughter-bench: The Problem of War Guilt in Arendt and Jaspers  8. Ethics and History: Can Critical Lawyers Talk of Good and Evil?  9. Law, Ethics and Socio-History: The Case of Freedom  10. Responsibility and the Metaphysics of Justice

O autorze

Alan Norrie is Professor of Law and former Head of the Law School at Warwick University. He has held chairs at Queen Mary and King’s College, London, and is a Fellow of the British Academy.