Pub Date : 2019-02-01DOI: 10.3366/edinburgh/9781474442480.003.0014
J. Gaakeer
With the German jurist-philosopher-author Juli Zeh chapter 13 asks the jurist to consider the effects of contemporary information technologies on the human. It discusses topics such as privacy, surveillance and control societies in relation to individual autonomy and free will. With Zeh’s novel The Method it shows the consequences of state ideology writ large and it asks the reader to consider in which ways humans are being nudged into complacency by modern technologies that provide all our modern conveniences. It shows that as a result of modern technologies human beings run the risk of being reduced to objects ready to be used for further ordering by others.
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Pub Date : 2019-02-01DOI: 10.3366/edinburgh/9781474442480.003.0004
J. Gaakeer
Chapter 3 addresses the topic of law and interdisciplinarity and the question of the meaning of the “and” in Law and Literature and Law and the Humanities. It discusses the Erklären-Verstehen controversy in the scientific and hermeneutic debate of the late nineteenth century on whether the explanatory model of the natural sciences or the methodology based on understanding text and human action of the humanities should be taken as the litmus test for what is to be called “scientific knowledge”. This debate remains important both for contemporary discussions on the academic status of law as a discipline and for interdisciplinarity as such. This chapter also draws attention to the Wittgensteinian idea of the limits of language in their consequences in relation to the concepts of determinism and free will in legal surroundings.
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Pub Date : 2019-02-01DOI: 10.3366/edinburgh/9781474442480.003.0013
J. Gaakeer
Chapter 12 examines the relation between biotechnology, law and literature. Following Ricoeur’s distinction between ipse selfhood, i.e. the way in which one perceives oneself in the course of a lifetime’s development, and idem selfhood, the term denoting the way in which the other perceives me, e.g. that I am thought of as a legal subject when the situation is legal, or how my fingerprints or DNA make me uniquely me, it considers questions of identity and selfhood, and what makes us human. It does so by offering two readings of Michel Houellebecq’s novel Atomised (The Elementary Particles), and Heidegger’s view on technology in relation to poièsis as “making” something. It then asks after the effects of technology on (legal) personhood and narrative identity when technology is employed instrumentally without sensitivity to its darker side effects such as loss of privacy, freedom, or individuality.
{"title":"Person and Poiesis in Technology and Law: Questioning Builds a Way","authors":"J. Gaakeer","doi":"10.3366/edinburgh/9781474442480.003.0013","DOIUrl":"https://doi.org/10.3366/edinburgh/9781474442480.003.0013","url":null,"abstract":"Chapter 12 examines the relation between biotechnology, law and literature. Following Ricoeur’s distinction between ipse selfhood, i.e. the way in which one perceives oneself in the course of a lifetime’s development, and idem selfhood, the term denoting the way in which the other perceives me, e.g. that I am thought of as a legal subject when the situation is legal, or how my fingerprints or DNA make me uniquely me, it considers questions of identity and selfhood, and what makes us human. It does so by offering two readings of Michel Houellebecq’s novel Atomised (The Elementary Particles), and Heidegger’s view on technology in relation to poièsis as “making” something. It then asks after the effects of technology on (legal) personhood and narrative identity when technology is employed instrumentally without sensitivity to its darker side effects such as loss of privacy, freedom, or individuality.","PeriodicalId":231297,"journal":{"name":"Judging from Experience","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121959133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-01DOI: 10.3366/edinburgh/9781474442480.003.0003
J. Gaakeer
Chapter 2 offers an overview of the historical development of the language of law from Euripides to Herder and into the twentieth century, not out of nostalgia to the halcyon days of the unity of law and the humanities, but to show jurists what brought them where they are now. It also provides an overview of the development of the process of differentiation of law, i.e. from the unity brought about by the rediscovery of the Corpus Iuris Civilis in the eleventh century to the diversity occasioned by the rise of national legal systems culminating in the nineteenth century, and from law as an autonomous discipline to the interdisciplinarity of the “Law and…” movements from the late twentieth century onwards.
{"title":"A Raid on the Inarticulate","authors":"J. Gaakeer","doi":"10.3366/edinburgh/9781474442480.003.0003","DOIUrl":"https://doi.org/10.3366/edinburgh/9781474442480.003.0003","url":null,"abstract":"Chapter 2 offers an overview of the historical development of the language of law from Euripides to Herder and into the twentieth century, not out of nostalgia to the halcyon days of the unity of law and the humanities, but to show jurists what brought them where they are now. It also provides an overview of the development of the process of differentiation of law, i.e. from the unity brought about by the rediscovery of the Corpus Iuris Civilis in the eleventh century to the diversity occasioned by the rise of national legal systems culminating in the nineteenth century, and from law as an autonomous discipline to the interdisciplinarity of the “Law and…” movements from the late twentieth century onwards.","PeriodicalId":231297,"journal":{"name":"Judging from Experience","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128315127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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