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An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.
With a selection of essays chosen from a wide range of possible candidates this collection strikes an optimal balance between direct relevance to controversies and rigorous contributions from Hegelian scholarship with regard to Hegel and the law.
Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.
The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.
Karen Ng sheds new light on Hegel's famously impenetrable philosophy. She does so by offering a new interpretation of Hegel's idealism and by foregrounding Hegel's Science of Logic, revealing that Hegel's theory of reason revolves around the concept of organic life. Beginning with the influence of Kant's Critique of Judgment on Hegel, Ng argues that Hegel's key philosophical contributions concerning self-consciousness, freedom, and logic all develop around the idea of internal purposiveness, which appealed to Hegel deeply. She charts the development of the purposiveness theme in Kant's third Critique, and argues that the most important innovation from that text is the claim that the purposiveness of nature opens up and enables the operation of the power of judgment. This innovation is essential for understanding Hegel's philosophical method in the Differenzschrift (1801) and Phenomenology of Spirit (1807), where Hegel, developing lines of thought from Fichte and Schelling, argues against Kant that internal purposiveness constitutes cognition's activity, shaping its essential relation to both self and world. From there, Ng defends a new and detailed interpretation of Hegel's Science of Logic, arguing that Hegel's Subjective Logic can be understood as Hegel's version of a critique of judgment, in which life comes to be understood as opening up the possibility of intelligibility. She makes the case that Hegel's theory of judgment is modelled on reflective and teleological judgments, in which something's species or kind provides the objective context for predication. The Subjective Logic culminates in the argument that life is a primitive or original activity of judgment, one that is the necessary presupposition for the actualization of self-conscious cognition. Through bold and ambitious new arguments, Ng demonstrates the ongoing dialectic between life and self-conscious cognition, providing ground-breaking ways of understanding Hegel's philosophical system.
Drawing from a variety of Hegel's writings, Shannon Hoff articulates a theory of justice that requires answering simultaneously to three irreducibly different demands: those of community, universality, and individuality. The domains of "ethicality," "legality," and "morality" correspond to these essential dimensions of human experience, and a political system that fails to give adequate recognition to any one of these will become oppressive. The commitment to legality emphasized in modern and contemporary political life, Hoff argues, systematically precludes adequate recognition of the formative cultural contexts that Hegel identifies under the name of "ethical life" and of singular experiences of moral duty, or conscience. Countering the perception of Hegel as a conservative political thinker and engaging broadly with contemporary work in liberalism, critical theory, and feminism, Hoff focuses on these themes of ethicality and conscience to consider how modern liberal politics must be transformed if it is to accommodate these essential dimensions of human life.
One of Hegel’s most controversial and confounding claims is that “the real is rational and the rational is real.” In this book, one of the world’s leading scholars of Hegel, Jean-François Kervégan, offers a thorough analysis and explanation of that claim, along the way delivering a compelling account of modern social, political, and ethical life. ?Kervégan begins with Hegel’s term “objective spirit,” the public manifestation of our deepest commitments, the binding norms that shape our existence as subjects and agents. He examines objective spirit in three realms: the notion of right, the theory of society, and the state. In conversation with Tocqueville and other theorists of democracy, whether in the Anglophone world or in Europe, Kervégan shows how Hegel—often associated with grand metaphysical ideas—actually had a specific conception of civil society and the state. In Hegel’s view, public institutions represent the fulfillment of deep subjective needs—and in that sense, demonstrate that the real is the rational, because what surrounds us is the product of our collective mindedness. This groundbreaking analysis will guide the study of Hegel and nineteenth-century political thought for years to come.
This book, the result of 40 years of Hegel research, gives an integral interpretation of G.W.F. Hegel's mature practical philosophy as contained in his textbook, Grundlinien der Philosophie des Rechts, published in 1820, and the courses he gave on the same subject between 1817 and 1830.
It is well known that Hegel conceives of history as the gradual process of rational thought and of forms of political life. But he is usually thought to place himself at the end of this process. This book argues that an essential part of Hegel's historical-political thinking has escaped the notice of its interpreters.
This book is an important gateway through which professional analytic philosophers and their students can come to understand the significance of Hegel's philosophy for contemporary theory of action. As such it will contribute to the erosion of the sterile barrier between the continental and analytic approaches to philosophy. Michael Quante focuses on what Hegel has to say about such central concepts as action, person and will, and then brings these views to bear on contemporary debates in analytic philosophy. Crisply written, this book will thus address the common set of preoccupations of analytic philosophers of mind and action, and Hegel specialists.