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Deniz Coskun 《Law and Critique》2006,17(1):1-26
The Davos-debate between Ernst Cassirer and Martin Heidegger at Davos in 1929 has proved a landmark in the history of twentieth
century philosophy. The debate not only marked the end of the heyday of continental Neo-Kantian philosophy, but influenced,
although in implicit ways, legal and political theory as well. At various levels of discourse, philosophical, moral philosophical,
and that of legal and political philosophy, in the first half of the twentieth century Cassirer acted as the advocate of what
remained of the old European humanist tradition. Heidegger, on the contrary, acted as the exponent of the emerging existentialist,
anti-humanist movement that would soon supplant the old tradition in significance and force. This is an account of an imaginary
encounter between two traditions, so that the clash of their opposing forces may shed sparks on a (still) dark era in Western
philosophical history. The conclusion sums up the lessons or wisdom to be learned for political and legal theory. 相似文献
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《Critical Horizons》2013,14(1):183-204
AbstractThis paper challenges the commonly made claim that the work of Pierre Bourdieu is fundamentally anti-Hegelian in orientation. In contrast, it argues that the development of Bourdieu's work from its earliest structuralist through its later ‘post-structuralist’ phase is better described in terms of a shift from a late nineteenth century neo-Kantian to a distinctly Hegelian post-Kantian outlook. In his break with structuralism, Bourdieu appealed to a bodily based logic of practice' to explain the binaristic logic of Lévi-Strauss' structuralist analyses of myth. Effectively working within the tradition of the Durkheimian approach to symbolic classification, Lévi-Strauss had inherited Durkheim's distinctly neo-Kantian understanding of the role of categories in experience and action—an account that conflated two forms of representation—‘intuitions’ and ‘concepts’—that Kant himself had held distinct. Bourdieu's appeal to the role of the body's dispositional habitus can be considered as a retrieval of Hegel's earlier quite different reworking of Kant's intuition-concept distinction in terms of distinct ‘logics’ with different forms of ‘negation’. Bourdieu commonly acknowledged the parallels of his analyses of social life to those of Hegel, but opposed Hegelianism because he believed that Hegel had remained entrapped within the dynamics of mythopoeic thought. In contrast, Durkheim and Lévi-Strauss, he claimed, by instituting a science of myth, had broken with it. This criticism of Hegel, however, relies on an understanding of his philosophy that has been rejected by many contemporary Hegel scholars, and without it, the gap separating Hegel and Bourdieu narrows dramatically 相似文献
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任何犯罪论体系的建构均有其特定的哲理基础。德日刑法理论中 ,新古典犯罪论体系的提出深受新康德主义价值学派的影响。它是对受实证主义思潮影响的古典犯罪论体系的扬弃。该体系不再像古典体系那样一味强调“价值无涉”的体系构造 ,开始着眼于“价值关涉”的体系构造。其后 ,新古典犯罪论体系又受到目的论的犯罪论体系的冲击 ,形成了德日犯罪论体系现今的通说。 相似文献
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