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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, Full texts Tagged With: anna rossmanith, dialogue, difference, encounter, ethical relationship, existentialism, logos, phenomenology, philosophy of dialogue, subject, the Other

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structural coupling weighing the rightness electoral campaign market economy religious freedom Tomasz Grzybowski Arlie Hochschild legal disagreement normative systems Maciej Zieliński proportionality Bartosz Greczner Maciej Wojciechowski second-order observation judicial decision law Neil MacCormick social rights idealism professional responsibility of lawyers Marta Dubowska Kamil Zeidler Russian jurisprudence Leon Festinger human person moral intuition Bartosz Wojciechowski Benjamin Constant Hans Kelsen intention open society Ludwig Wittgenstein law-making strategic speech collective guilt contra legem gap lawyer’s professional roles Louis Althusser Dominika Bek in dubio pro reo Jakub Łakomy Bayes' theorem professional ethics postmodernism essentialism Marcin Pieniążek cognitive psychology Tomasz Barankiewicz Tomasz Pietrzykowski ethnocentrism

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