John Paul Grosso | Université du Québec à Montréal (original) (raw)
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revueithaque.org
The following is an examination of Emmanuel Levinas' presentation of the question of how a legal ... more The following is an examination of Emmanuel Levinas' presentation of the question of how a legal system might be said to create justice for society. Levinas' conviction that legal systems must be continuously guided by the ethical obligation the self has for the other and society is confronted with the challenges posed by the instrumental logic that dominates legal structures. This tension between instrumental system building and phenomenological ethics will be examined in detail and presented as a creative rather than paralysing force. The character of the legal system Levinas would like to see erected is interpreted to be one that has the capacity to contain the ethical obligation to the other within a systematic structure that continually renews itself through a double gesture wherein it constantly and thoroughly addresses both the actions and obligations of people as well as its own capacity and criteria for decision. 1 The theme of the relationship of ethics and law in Levinas' thought merits attention and commentary since the exact nature of their re-1 Abbreviations used in this paper: Derrida: FL = Force de Loi ; LR = La Religion. Levinas : TI = Totalite et Inni ; AE = Autrement qu'être ; SS = Du Sacré au Saint.
revueithaque.org
The following is an examination of Emmanuel Levinas' presentation of the question of how a legal ... more The following is an examination of Emmanuel Levinas' presentation of the question of how a legal system might be said to create justice for society. Levinas' conviction that legal systems must be continuously guided by the ethical obligation the self has for the other and society is confronted with the challenges posed by the instrumental logic that dominates legal structures. This tension between instrumental system building and phenomenological ethics will be examined in detail and presented as a creative rather than paralysing force. The character of the legal system Levinas would like to see erected is interpreted to be one that has the capacity to contain the ethical obligation to the other within a systematic structure that continually renews itself through a double gesture wherein it constantly and thoroughly addresses both the actions and obligations of people as well as its own capacity and criteria for decision. 1 The theme of the relationship of ethics and law in Levinas' thought merits attention and commentary since the exact nature of their re-1 Abbreviations used in this paper: Derrida: FL = Force de Loi ; LR = La Religion. Levinas : TI = Totalite et Inni ; AE = Autrement qu'être ; SS = Du Sacré au Saint.