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Philosophical Roots of the Dialogical Concept of Law

Dr Anna Rossmanith

University of Warsaw


Abstract:
The main task which I pose for myself is to indicate the philosophical roots of the dialogical concept of law. First and foremost, I would like to present dialogue in the context of ancient Greek philosophy and in the context of the classicists of the philosophy of dialogue. Furthermore, I seek phenomenological bases for constructing the dialogical concept of law. The phenomenological method, starting with its classical Husserlian form, has undergone many changes. Thanks to the indication of new horizons of phenomenology by Emmanuel Levinas, discovering dialogical consciousness and the subject constituted in being with the Other are possible. The reference point of reflections on the concept of law is the relationship with the Other as an ethical relationship. Philosophy of dialogue is a certain possible prism of thinking about the social, public, and institutional space. It is thinking through the prism of dialogue (speaking), but also through the third who contributes discourse relevant to what is said. Law as the third, as the mediating element, is a co-constituting element of the entire legal world.

Language: English

Keywords: dialogue, philosophy of dialogue, encounter, phenomenology, the Other, existentialism, subject, ethical relationship, difference, logos

Published: Number 2(13)/2016, pp. 51-58.

DOI: https://doi.org/10.36280/AFPiFS.2016.2.51

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Filed Under: Articles Tagged With: anna rossmanith, dialogue, difference, encounter, ethical relationship, existentialism, logos, phenomenology, philosophy of dialogue, subject, the Other

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multilingualism of law dualism of law Marek Jakubiec crisis Jarosław Mikołajewicz Bartosz Janik legal community personalistic dialogue statutory lawlessness Maciej Pichlak the triad of causes Ofer Raban contestation realism law-making External Uncertainty of Law communicative rationality limits of legal interpretation conflict management The Separation Thesis Joanna Kuźmicka-Sulikowska Integrative Theory of Law legitimacy open society collective memories impartiality and independence of judges Georgii Sibirtsev collaborative practice will post-theology grammatical problems judicial virtues in dubio contra reo protection of the memory of the deceased electoral campaign exercise of power economic theory of law Justyna Jezierska universal pragmatics state without a name professional self-governments politicisation discretion memory policies judicial proceedings Tomasz Grzybowski Yang Deyou legal petrification of the past Paweł Banaś theoretical disagreement

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