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Law as Symbolic Form : Ernst Cassirer and the Anthropocentric View of Law / by Deniz Coskun
(Law and Philosophy Library. ISSN:22150315 ; 82)

Publisher (Dordrecht : Springer Netherlands : Imprint: Springer)
Year 2007
Edition 1st ed. 2007.
Authors *Coskun, Deniz author
SpringerLink (Online service)

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OB00167480 Springer Humanities, Social Sciences and Law eBooks (電子ブック) 9781402062568

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Material Type E-Book
Media type 機械可読データファイル
Size XII, 386 p : online resource
Notes Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics. They are separate domains for Cassirer, and both direct their claims differently on the individual. Whereas ethics concerns the motives of the individual, law ultimately achieves a cosmos for our world of outward actions. However, they are not separated by a neutral line or a vacuum. For law to have effect as a symbolic form it is necessary that it reflects the law in the mind of people i.e., that one could and ought to have assented to it out of ethical principles and maxims. The conceptual analysis of law goes hand to hand with its genetic account. Both ethics and law are products of, spring forth from the formative or symbolic powers of man, and although, as any other symbolism, they might confront us as something objective, i.e., as part of reality that is beyond our immediate reach, ultimately we must always bring them to account to their very source: our independent and individual moral judgment. In this book we describe the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force
HTTP:URL=https://doi.org/10.1007/978-1-4020-6256-8
Subjects LCSH:Law
LCSH:Law—Philosophy
LCSH:Law—History
LCSH:Philosophy
LCSH:Political science
FREE:Fundamentals of Law
FREE:Theories of Law, Philosophy of Law, Legal History
FREE:Philosophy
FREE:Philosophy of Law
FREE:Political Science
Classification LCC:K201-487
DC23:340.1
ID 8000064670
ISBN 9781402062568

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