An Existential Phenomenology of Law: Maurice Merleau-Ponty by William S. Hamrick PDF

By William S. Hamrick

ISBN-10: 9048183022

ISBN-13: 9789048183029

ISBN-10: 9401707073

ISBN-13: 9789401707077

The following pages try and enhance the most outlines of an existential phenomenology of legislation in the context of Maurice Merleau-Ponty's phe­ nomenology of the social global. In so doing, the essay addresses the really slender scholarly query, If Merleau-Ponty had written a phenomenology of legislations, what would it not have appeared like? yet this scholarly firm, even supposing impeccable in itself, is additionally transcended by means of a extra complex predicament for a really diverse kind of query. particularly, if Merleau-Ponty's phenomenological descriptions of the social global are correct-as i think they principally are-then what are the philosophical outcomes for an enough realizing of legislation? this type of venture may possibly celebration a definite shock among observers of the modern philosophical panorama, not less than in what issues the terrain of continental proposal, and for 2 assorted purposes. the 1st is that, even if curiosity in Merleau-Ponty's paintings continues to be robust within the· usa and will­ ada, his philosophical status in his personal nation has been principally eclipsed! via that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; through quite a few Marxist philosophies and demanding social theories; and at last by way of these doing her­ meneutics of language. for my part, present overlook of Merleau-Ponty's suggestion in France is so much regrettable.

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Extra resources for An Existential Phenomenology of Law: Maurice Merleau-Ponty

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I am not a pure subject trying to account for a relationship with the other as object-the fundamental difficulty, Merleau-Ponty thinks, in both the Husserlian and Sartrian views of intersubjectivity. Rather, as a "third genus of being," the lived-body, in its most origin-ary, pre-reflective contact with the world and other people, is already both "subject" and "object" and transcends both. Consciousness does not constitute this relatedness to other people because the pre-reflective level of perception is already composed of one common texture of corporeal relationships.

30 THE SOCIAL WORLD It follows from Merleau-Ponty's striving for a living unity of objectivity and subjectivity in the relationships I have with others and the world around me that there is both room for privacy and individual rights, on the one hand, and a denial that society is composed of atomistic, individual consciousnesses, on the other. Thus society itself, which emerges from the mesh of intersubjective relationships, is neither a set of purely spatial, physical relationships as exist between things (see the Introduction above)-nor an ensemble of wholly subjective meanings founded on understanding the other.

5 Or, as MerleauPonty wrote at the conclusion of Eloge de la philosophie, his inaugural lecture at the College de France, "At the end of a reflection which at first isolates him, but makes him better demonstrate the bonds of truth which attach him to the world and to history, the philosopher finds not the abyss of himself or absolute knowledge, but the renewed image of the world and himself situated within it among others" (p. 85). 26 THE SOCIAL WORLD How, then, can Merleau-Ponty's phenomenology satisfy both conditions of intersubjectivity, sameness and difference, without invoking the constituting powers of a reflective consciousness to do it?

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An Existential Phenomenology of Law: Maurice Merleau-Ponty by William S. Hamrick


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