Philosophical Roots of the Dialogical Concept of Law
Philosophical Roots of the Dialogical Concept of Law
Author(s): Anna RossmanithSubject(s): Philosophy, Law, Constitution, Jurisprudence, Philosophy of Law, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: dialogue; philosophy of dialogue; encounter; phenomenology; the Other; existentialism; subject; ethical relationship; difference; logos
Summary/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.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 13/2016
- Issue No: 2
- Page Range: 51-58
- Page Count: 8
- Language: English