[HOME] [BOOKS] [ORDERING] [JOURNALS] [ABSTRACTS] [LINKS] [SPECIAL OFFERS]


Alexander Cernera Ljungstrøm, "The Silent Voice of Law: Legal Philosophy as Legal Thinking", Law and Critique VIII/1 (1997), 71-95: This paper use the late philosophy of Martin Heidegger to argue that ethics and justice are present in our sensitivity to thinking. Law is the law of Ereignis, the event, a play without rules, and the call of justice is a trans-social responsibility towards the other, installed by mortality. Legal thinking is a path not a method, rooted in our listening to the voice of others. This voice is silent since it has not yet entered language and legal thinking returns to it and unfolds out of thinking into Being, a nearness that motivates and structures the event of language. Our nearness to the other as the happening reflects the basis of legal thinking as a philosophy of presence. The silent voice of law speaks because it happens at the limits of language, and gives rise to an ethics as poetic thinking.



[HOME] [BOOKS] [ORDERING] [JOURNALS] [ABSTRACTS] [LINKS] [SPECIAL OFFERS]