Download e-book for kindle: An Existential Phenomenology of Law: Maurice Merleau-Ponty by William S. Hamrick

By William S. Hamrick

ISBN-10: 9048183022

ISBN-13: 9789048183029

ISBN-10: 9401707073

ISBN-13: 9789401707077

The following pages try to boost the most outlines of an existential phenomenology of legislation in the context of Maurice Merleau-Ponty's phe­ nomenology of the social international. In so doing, the essay addresses the really slim scholarly query, If Merleau-Ponty had written a phenomenology of legislation, what wouldn't it have gave the look of? yet this scholarly company, even though impeccable in itself, can also be transcended by way of a extra advanced drawback for a really diverse kind of query. particularly, if Merleau-Ponty's phenomenological descriptions of the social global are correct-as i think they principally are-then what are the philosophical outcomes for an enough figuring out of legislations? the sort of venture might celebration a definite shock among observers of the modern philosophical panorama, no less than in what issues the terrain of continental suggestion, and for 2 assorted purposes. the 1st is that, even if curiosity in Merleau-Ponty's paintings continues to be powerful within the· usa and will­ ada, his philosophical status in his personal state has been mostly eclipsed! by means of that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by way of quite a few Marxist philosophies and demanding social theories; and at last via these doing her­ meneutics of language. in my opinion, present forget of Merleau-Ponty's proposal in France is such a lot regrettable.

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12 On the other hand, in families or tight-knit ethnic neighborhoods-two paradigm cases of Gemeinschajt-the opposite sort of attitude would tend to assert itself. Here, a given member of society is born into a certain family and community situation, and grows up with the consciousness of living a common history with a common set of symbols which links him or her-for better or worse-to the immediate companions13 of his or her Umwelt. By this means, he or she effectively grows into a common culture and, in the same movement, society as a whole gains cohesion.

The structure of timeconsciousness, the analysis of which Merleau-Ponty borrows largely from Husserl's Vorlesungen zur Phanomenologie des inneren Zeitbewussteins-but with several additions or misrepresentations, depending on one's point of viewmakes the lived-body inescapably and essentially historical before any elaborations of the social world. "Historicity," that is, a lived history, is ineluctably a dimension of consciousness because it is not left for a Oogically) subsequent, mental reconstruction or series of re-presentations.

22 In installing myself culturally in the lives of other people, "I confront them, I show one to another, I make them compossible in an order of truth, I make myself responsible for all of them, I create a universal life" (S 93-94). Further, as Merleau-Ponty writes a propos of Levi-Strauss, the experience studied in anthopology shows that "we live in the unity of one sole life all the systems of which our culture is make up. There is some knowledge to draw from this synthesis which is us .... a lateral universal INTERSUBJECTIVITY 37 which we acquire by ethnological experience, incessantly tested by myself towards the other and by the other towards me" (S 150).

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An Existential Phenomenology of Law: Maurice Merleau-Ponty by William S. Hamrick


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