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Dworkin, Dignity, and the Body : = Constructing a Critical, Carnal Legal Hermeneutic.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Dworkin, Dignity, and the Body :/
其他題名:	Constructing a Critical, Carnal Legal Hermeneutic.
作者:	Faust, Jackson Reese.
面頁冊數:	1 online resource (290 pages)
附註:	Source: Dissertations Abstracts International, Volume: 84-01, Section: A.
Contained By:	Dissertations Abstracts International84-01A.
標題:	Philosophy. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=29259120click for full text (PQDT)
ISBN:	9798837536496

Dworkin, Dignity, and the Body : = Constructing a Critical, Carnal Legal Hermeneutic.
Faust, Jackson Reese.

Dworkin, Dignity, and the Body :Constructing a Critical, Carnal Legal Hermeneutic. - 1 online resource (290 pages)

Source: Dissertations Abstracts International, Volume: 84-01, Section: A.

Thesis (Ph.D.)--The University of Memphis, 2022.

Includes bibliographical references

This dissertation argues that an embodied legal subject is necessary to reorient law toward moral justice and describes how this subject alters the interpretation of legal texts. More specifically, it contends that humans' mutual embodiment and institutionally-mediated vulnerability justifies basing adjudication on lived experience alongside-and given similar interpretive weight as-traditional legal texts. To justify this contention, it argues that Ronald Dworkin's legal and political thought can be grounded by G.W.F. Hegel's concept of "ethical life" (Sittlichkeit)-the integrated moral and political community-by dint of Dworkin's distinctive account of dignity. It then uses this reading of Dworkin to propose a theory of legal subjectivity-i.e., the persona that is the object of legal analysis-that is both embodied and embedded within its legal community, such that dignity is a function of mutual social recognition. To operationalize this subject as co-constituted with the community, the dissertation defends a robust social ontology using the critical phenomenology of Frantz Fanon and the embodied hermeneutics of Paul Ricoeur. Since the very existence of the embodied subject is its co-constitution with others and its inviolable dignity, the dissertation proposes a novel theory of legal interpretation that reads law in terms of intercorporeal intersubjectivity; this elevates the lived experience of the embodied legal subject to be as authoritative a source of legal norms as case law and constitutions. It then contends that this carnal legal hermeneutic can orient law toward a justice beyond legal process alone before demonstrating this contention by critiquing the recent United States Supreme Court decision Shelby County v. Holder using this hermeneutic. In so doing, the dissertation argues that the socio-cultural, material, and spatial embeddedness of race-based voter disenfranchisement means that legal officials must instead consider the lived reality of easily identifiable persons who risk the concrete indignity of losing their capacities as full citizens.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9798837536496Subjects--Topical Terms:

516511
Philosophy.
Subjects--Index Terms:

DworkinIndex Terms--Genre/Form:

542853
Electronic books.

Dworkin, Dignity, and the Body : = Constructing a Critical, Carnal Legal Hermeneutic.
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520 $a This dissertation argues that an embodied legal subject is necessary to reorient law toward moral justice and describes how this subject alters the interpretation of legal texts. More specifically, it contends that humans' mutual embodiment and institutionally-mediated vulnerability justifies basing adjudication on lived experience alongside-and given similar interpretive weight as-traditional legal texts. To justify this contention, it argues that Ronald Dworkin's legal and political thought can be grounded by G.W.F. Hegel's concept of "ethical life" (Sittlichkeit)-the integrated moral and political community-by dint of Dworkin's distinctive account of dignity. It then uses this reading of Dworkin to propose a theory of legal subjectivity-i.e., the persona that is the object of legal analysis-that is both embodied and embedded within its legal community, such that dignity is a function of mutual social recognition. To operationalize this subject as co-constituted with the community, the dissertation defends a robust social ontology using the critical phenomenology of Frantz Fanon and the embodied hermeneutics of Paul Ricoeur. Since the very existence of the embodied subject is its co-constitution with others and its inviolable dignity, the dissertation proposes a novel theory of legal interpretation that reads law in terms of intercorporeal intersubjectivity; this elevates the lived experience of the embodied legal subject to be as authoritative a source of legal norms as case law and constitutions. It then contends that this carnal legal hermeneutic can orient law toward a justice beyond legal process alone before demonstrating this contention by critiquing the recent United States Supreme Court decision Shelby County v. Holder using this hermeneutic. In so doing, the dissertation argues that the socio-cultural, material, and spatial embeddedness of race-based voter disenfranchisement means that legal officials must instead consider the lived reality of easily identifiable persons who risk the concrete indignity of losing their capacities as full citizens.
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