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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.
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