A Schutzian perspective on the phenomenology of law in the context of positivistic practices

Ion Copoeru

Universitatea Babeș-Bolyai

pp. 269-277

in: Human Studies 31 (3), 2008.

Abstract

The paper outlines Schutz's phenomenology of law in the context of the transformation of positivistic practices in a post-totalitarian society. His major contribution is seen in the disentanglement of social phenomena from any form of naturalness by incorporating the dimension of meaning and interpretation into them. This philosophical gesture is made possible by renouncing any theory of transcendent ground(s) of a pre-formed order (Section 1) and leads to an interpretive concept of law, in which the reciprocity of perspectives play the major role. The conclusions are pointing toward a phenomenological concept of law able to take our freedom seriously.

Cited authors

Schütz Alfred