The Construction of Hegel's Philosophy of Law

• Authors: Ostrowski J.
• Languages of publication: PL

Abstracts

EN

Contemporary philosophy of law often relies on the heritage of the classical German philosophy. This is connected with the decline of the traditional positivistic model of law as a collection of rules established and executed by a sovereign. The main issue behind that change - universality of norms in the contemporary philosophy of law - has its roots in Hegel's thought and his theory of intersubjectivity. That is why the interpretation of this theory is highly important for questions concerning the possibility of reconstruction of such philosophy of law which would permit the inclusion of a formally procedural model of law as something original vis-a-vis every possible material legal order, and whose content would emerge from its form (Inhalt aus der Form). In this context the leading motif of the article is a critique of Manfred Riedel's reconstruction of Hegel's theory of intersubjectivity. Riedel reduces the Hegelian concept of intersubjectivity to the dimensions of emancipation and socialization processes. He neglects thereby the fact that Hegel's theory also has a strong onto-political dimension which makes 'the ethical life' possible.

Keywords

EN

DIALECTICS; EMANCIPATION; FREEDOM; HEGEL; INTERSUBJECTIVITY; LAW

Discipline

• PHILOSOPHY: PHILOSOPHY

• Publisher: Polska Akademia Nauk
• Journal: Przegląd Filozoficzny. Nowa Seria
• Year: 2008
• Volume: 17
• Issue: 3(67)
• Pages: 71-82
• Document type: ARTICLE

Contributors

author

Ostrowski J.

• J. Ostrowski, Uniwersytet Warszawski, Instytut Filozofii, ul. Krakowskie Przedmiescie 3, 00-047 Warszawa, Poland

Identifiers

CEJSH db identifier

09PLAAAA064017