Overview

In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.

Full Product Details

Author:   Alan Norrie
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.453kg
ISBN:  

9781138563957

ISBN 10:   1138563951
Pages:   222
Publication Date:   12 October 2017
Audience:   College/higher education ,  Tertiary & Higher Education ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

1. How Does Law Judge, How Should it be Judged? Part 1: Law's Architectonic 2. Citizenship, Authoritarianism and the Changing Shape of Criminal Law 3. Between Orthodox Subjectivism and Moral Contextualism: Intention and the Law Commission Report 4. The Problem of Mistaken Self-defence: Citizenship, Chiasmus, and Legal Form 5. Legal Form and Moral Judgment: Euthanasia and Assisted Suicide 6. Alan Brudner and the Dialectics of Criminal Law Part 2: Law's Constellation 7. Justice on the Slaughter-bench: The Problem of War Guilt in Arendt and Jaspers 8. Ethics and History: Can Critical Lawyers Talk of Good and Evil? 9. Law, Ethics and Socio-History: The Case of Freedom 10. Responsibility and the Metaphysics of Justice

Reviews

An indispensable starting point for those interested in what a genuinely critical, philosophically-engaged and social-theoretical approach to law looks like. It is the most recent instalment in a far-reaching, illuminating and important project that seeks to chart both law's nature and its place in the ethical landscape. ã - Professor William Lucy, Durham University, UK.

Author Information

Alan Norrie is Professor of Law and former Head of the Law School at Warwick University. He has held chairs at Queen Mary and King’s College, London, and is a Fellow of the British Academy.

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