Modes of Thought in Modern Legal Theory. Festschrift for Jan M. Broekman
Description
Jan M. Broekman is since 1996 Professor emeritus of Philosophy of Law and Legal Theory at the Catholic University of Leuven (Belgium) and of Philosophy and Medical Ethics at the Vrije Universiteit of Amsterdam (Netherlands).
During a long and distinguished career he has won an international reputation for his work in the fields of legal anthropology, legal theory and the philosophy of law and medicine. He published widely in these fields and lectured throughout Europe, Latin America and the United States of America. This Festschrift reflects some important themes of his work, especially the ones concerning the intertwinement of legal, medical and moral discourse and its related aspects in technology, politics and anthropology.
Due to their different fields of research, the authors approach their topic from their own scientific and cultural perspective. The contributions provide the reader with well-documented and skilled insights into specific questions in many countries like Germany, Brasil, Chile, Italy, Belgium and the United States of America.
The composition of the colourful range of contributions is focussed on the core theme of both legal modernism and post-modernism: the tacit assumption of a discursive unity behind thinking, acting and talking. The mimetic representation of man and humanity in legal and medical discourse is built on this assumption.
Fundamental questions belonging to the discursive unity are dealt with, for instance concerning language and reality; being and mimesis; norms, rights and facts. They are confronted with actual questions in health care (quality of life, autonomy, the elderly), in European politics and in economics.
The contributions document the leading developments in today's legal, medical and philosophical debates. They will provide the reader with outstanding thoughts on the future orientation of law in society.
Overview
Inhalt: E. van Leeuwen, Events and Discourse in Life. Hommage to Jan Broekman - F. Fleerackers, Paradigm of Man in Social Discourses. Intertwinements of Law, Legal Theory and Legal Philosophy - Z. Bankowski, Law, Love and Computers - P. Hooft / J. Zanier, Genetics, Bioethics and Law. On the Frontier Between Science and Philosophy - E.-J. Lampe, The Position of Anthropology of Law Within the Basic Legal Sciences - R. S. Summers, Technology, Law and Values - G. Teubner, The Ultracycle of Juridification: Ecological Recursiveness in Law and Society - J. F. Glastra van Loon, The Metaphysical Foundation of Hans Kelsen's Legal Theory and the Husteron-Prooteron Fallacy - A. C. 't Hart, Legibility, Controllability and Legal Protection - S. Jørgensen, Language and Reality - H. Klenner, On the Differentia Specifica of Marx's Theory of Law - H. Lindahl, Law and Cartesianism - P. Nerhot, The Normal and its Sign - A. L. Palmisano, Sein and Mimesis - H. Parret, The Semiotics of Fictional Similitude - S. L. Paulson, On the Early Development of the Grundnorm - O. Weinberger, Non-Cognitivism and Relativism Reconsidered. Action-Theoretical and Political Implications - R. J. M. Dillmann, Professional Ethics and Institutionalized Health Care - L. Feenstra, An Academic Medical Department. Ducks and Drakes - H. Feldmann, Schizophrenic Delusion as Trans-Subjective Practice. Towards an Anthropological Aspect of Psychotic Alienation - L. J. G. Gooren / C. D. Doorn, Who Determines Manhood or Womanhood? The Biomedical and Legal Definitions of Man and Woman in Relation to Transsexualism - F. Lolas-Stepke, Juris-Diction and Contra-Diction. On the Discourse of Scientific and Professional Communities - H. Müller-Suur, Belief, Delusion and Reality - D. Palazzo, Man, Law and Medicine - D. C. Thomasma, Quality of Life of the Elderly as a Moral Category - R. Foqué, Legal Subjectivity and Legal Relation. Language and Conceptualization in the Law - W. Paul, Natural Man in Brazilian Law - V. Petev, How to Justify Individual Rights - M. B. Ramose, Enter the Individual Exit Freedom - W. Sadurski, The Paradox of Toleration - D. Kennedy, Receiving the International - K. Lenaerts, Is the European Union Federal? - N. MacCormick, The Maastricht-Urteil: Sovereignty Now - B. van Roermund, We, Europeans. On the Very Idea of a Common Market in European Community Law - T. Vandevelde, Appropriation and the Sovereignty of Money - A. Berten / J. Lenoble, The Rationality of Law and the Dynamic of Reason - W. Krawietz, On How to Accept a Legal Norm or Legal Order and Different Rules of Recognition. Is a Reasonable Argumentation Legally Rational? - P. Legendre, Artiste de la Raison. Remarques sur la Fonction Structurale du Juriste - M. Moors, The Type of the Moral Law. Kant on Lawfulness in Nature, Legality and Morality - A. Soeteman, Legal Moralism in Liberal Communities - R. J. Vernengo, Moral Rules and their Creation
