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Law and Transcendence : The Question of Justice
Law and Transcendence : The Question of Justice
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Author(s): Lechte, John
ISBN No.: 9781041064701
Pages: 202
Year: 202603
Format: Trade Cloth (Hard Cover)
Price: $ 262.20
Dispatch delay: Dispatched between 7 to 15 days
Status: Available (Forthcoming)

"Inspired by the philosophy of Emmanuel Levinas, this book shows that for justice to be realised law must be understood to originate in transcendence, rather than in violence, conflict and the sacred - prevalent themes in philosophies of law and the political. To this end, the book takes up the case of scapegoating: evident in Carl Schmitts influential theory of the friend-enemy dichotomy as the essence of the political, and here considered as a paradigm of injustice. After considering positivist approaches to the law, as well as a case study that considers the question of what it would mean for Aboriginal peoples to be treated justly, the book shows that pragmatic, positivist and immanent approaches to the law and the scapegoat cannot deal with bad law, and cannot provide an insight into the nature of justice as good law. The book then draws further on Levinas to demonstrate the necessity of laws foundation, not in immanence, as is widely presupposed, but rather in transcendence. Law and Transcendence will appeal to scholars in law, philosophy, and political theory, and especially to those with interests in sovereignty and power"-- Provided by publisher.


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Browse Subject Headings