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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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Keywords

polis embodied cognition Uniformed Services Pension Amendment Acts in Poland interpretation methodologically creative participatory judiciary Robert Audi public justification public subjective rights critical philosophy of adjudication thick concepts individual and political freedom aims means of the law religious freedom moral reasoning cognitive dissonance opt-out model the Other Paweł Łabieniec instrumentalization of law constitutional crisis Maciej Pichlak Divine ethics reasonableness of the law legal liability human dignity anna rossmanith legal profession accountability of judges freedom of expression normative and methodological debate linguistic corpora the subject matter of legal sciences personalistic dialogue judicial opinion open texture hermeneutic universalism Judith Butler qualified legal assistance organ trade generative linguistics Bruce Lee’s case juridification of the memory elections international legal theory abortion discourse strategic voting interpretation of law axiological interpretation of law the input view explicative-existential justification

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