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- Title
Levinasian Ethics and Legal Obligation.
- Authors
CROWE, JONATHAN
- Abstract
This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the “third party” ( le tiers) in modifying Levinas's primary ethical structure of the “face to face” relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that of H. L. A. Hart, that propose a systematic distinction between legal and moral species of obligation.
- Subjects
OBLIGATIONS (Law); LEVINAS, Emmanuel, 1906-1995; RESPONSIBILITY; MORAL reasoning; MORAL judgment; NORMATIVITY (Ethics); BLINDING (Punishment); POLITICAL attitudes
- Publication
Ratio Juris, 2006, Vol 19, Issue 4, p421
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/j.1467-9337.2006.00337.x