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Law and the Beautiful Soul

Published in the United States by Cavendish (2005)

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  1. Causality and Critical Theory: Nature's Order in Adorno, Cartwright and Bhaskar.Craig Reeves - 2009 - Journal of Critical Realism 8 (3):316-342.
    In this paper I argue that Theodor W. Adorno 's philosophy of freedom needs an ontological picture of the world. Adorno does not make his view of natural order explicit, but I suggest it could be neither the chaotic nor the strictly determined ontological images common to idealism and positivism, and that it would have to make intelligible the possibility both of human freedom and of critical social science. I consider two possible candidates, Nancy Cartwright 's ‘patchwork of laws’, and (...)
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  • Adorno, Freedom and Criminal Law: The ‘Determinist Challenge’ Revitalised.Craig Reeves - 2016 - Law and Critique 27 (3):323-348.
    This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces (...)
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  • The Politics of Hope and the Other-in-the-World: Thinking Exteriority.Jayan Nayar - 2013 - Law and Critique 24 (1):63-85.
    The paper offers a critical interrogation of the politics of hope in relation to suffering in the world. It begins with a critique of the assumptions and aspirations of ‘philosophies of hope’ that assume a Levinasian responsibility for the suffering-Other. Such approaches to thinking hope reveal an underlying coloniality of ontology, of totality/exteriority, which defines Being and Non-Being, presence and absence, in totality. Consistent with past colonial rationalities, the logics of salvation and rescue define, still, these contemporary envisionings of the (...)
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  • Three Rationales for a Legal Right to Mental Integrity.Thomas Douglas & Lisa Forsberg - 2021 - In S. Ligthart, D. van Toor, T. Kooijmans, T. Douglas & G. Meynen (eds.), Neurolaw: Advances in Neuroscience, Justice and Security. Palgrave Macmillan.
    Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds that, if (...)
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  • Alan Norrie, Law and the Beautiful Soul: Glasshouse Press, London, 2005, Vi + 218 Pp.Gideon Calder - 2009 - Criminal Law and Philosophy 3 (3):317-320.
  • Realism, Dialectic, Justice and Law: An Interview with Alan Norrie.Alan Norrie & Jamie Morgan - 2021 - Journal of Critical Realism 20 (1):98-122.
    In this wide-ranging interview Alan Norrie discusses how he became involved with Critical Realism, his work on Dialectical Critical Realism, and responses to it amongst the Critical Realist communi...
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  • ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
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  • Debate Hegel and Bhaskar: Reply to Roberts.Alan Norrie - 2013 - Journal of Critical Realism 12 (3):359-376.
    In this response to John Roberts’s essay in JCR 12 2013, I argue that Roberts presents Hegel in a one-sided way that stresses the negative, critical side of his thinking and misses its rationally resolutive side. At the same time, he mislocates Roy Bhaskar’s dialectical work and therefore misunderstands it. In terms of ethics, the key to understanding Bhaskar is the constellational relation he devises between ethics and geo-history, leading to a view of modern ethics as constituting a ‘broken dialectic’.
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  • The Scene and the Crime: Can Critical Realists Talk About Good and Evil?Alan Norrie - 2012 - Journal of Critical Realism 11 (1):76-93.
    This essay argues that critical realism provides a philosophical perspective from which to talk about good and evil. It draws on dialectical critical realism’s meta-ethics of freedom and solidarity, and the different grades of freedom identified there: from the basic spontaneity in agency to the possibility of a fully flourishing, eudaimonic social condition. It argues that evil acts can be understood as those which fundamentally deny basic human freedom (spontaneity) and solidarity, and that good acts are those which affirm human (...)
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  • Criminal Law and the Autonomy Assumption: Adorno, Bhaskar, and Critical Legal Theory.Craig Reeves - 2014 - Journal of Critical Realism 13 (4):339-367.
    This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...)
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  • Who Is 'The Prince'?: Hegel and Marx in Jameson and Bhaskar.Alan Norrie - 2012 - Historical Materialism 20 (2):75-104.