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Journal of the Polish Section of IVR (ISSN:2082-3304)

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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

The Law as a Cultural Subject in the Philosophy of Law by Carlos Cossio

Mgr Krzysztof Goździalski

University of Łódź


Abstract:
The main purpose of this article is to present the view of an Argentinian legal philosopher Carlos Cossio on the issue of law. He called his philosophy “egology”. The originality of Cossio’s works is expressed by a strong relationship between philosophy of law and his philosophical assumptions. The starting point for deliberating on law are widely recognized onthological and epistomological contentions. Cossio justifies his legal theses basing them on his philosophical views. Egology derives from Edmund Husserl’s phenomenology which is related to some elements of William Dilthey’s philosophy of culture. Martin Heiddeger’s and Immanuel Kant’s philosophies are the basis too. I described Cossio’s ontologies of subjects otherwise known as regional ontologies. I also presented methods for examining the above subjects and gnoseological acts which those methods comprise. I presented the characteristics of law as a cultural subject. The text is not only a report. Its aim is to show that Carlos Cossio’s legal philosophy is also semantic in character.

Language: Polish

Keywords: Carlos Cossio, egology, law as a cultural subject, phenomenology, regional ontologies, Jerzy Wróblewski

Published: Number 1(12)/2016, p. 12-29.

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Number of downloads:
389

Filed Under: Articles Tagged With: Carlos Cossio, egology, Jerzy Wróblewski, Krzysztof Goździalski, law as a cultural subject, phenomenology, regional ontologies

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Keywords

administrative sciences community is-ought problem Niklas Luhmann apoliticality theory of ideology intellect juristic virtues legal culture British Critical Legal Conference legal abduction institutionalization of collective memory causal theory of meaning legal disagreement to exist spatiotemporally law of evidence freedom of assembly Juridical presumptions postmodernism social ontology equalisation of opportunities legal multicentrism the Other hard cases Yang Deyou Integrative Theory of Law collective memory Agnieszka Bielska-Brodziak temporal nature of social systems test of a reasonable sceptic phraseological association nihilism legal sentences maximal morality Constitutionalisation State Commission for Counteracting Sexual Abuse of Minors under the Age of 15 obligation radosław zyzik remedy validation-derivative approach awareness of self Constitution contextualism prototype theory marriage Oxford philosophers exercise of power Ofer Raban administrative courts katechon

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