In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, lawâs formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (âlawâs architectonicâ). The later essays look at the complex underlying relation between law and ethics (âlawâs constellationâ). In Hegelâs philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically âbrokenâ. These essays cover such issues as criminal lawâs âgeneral partâ, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider lawâs method, and its place in the social whole. The analysis of lawâs historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
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