The Adventures of the Subject in Villey’s Narrative of the History of Legal Thinking
Jouanjan, Olivier
The Adventures of the Subject in Villey’s Narrative of the History of Legal Thinking - 2009.
41
Through the concept of the “subject,” the present essay criticizes certain aspects of Michel Villey’s narrative of the history of the philosophy of law. The narrative in question addresses this history on two different levels: on the one hand, it is a great philosophical narrative that one can pertinently compare to Heidegger’s narrative of the history of Being; on the other hand, it proposes a history of legal doctrines that attributes to Kant and to the Historical School a decisive role in the neglect of (true) Law. It is, however, not certain that the “subject” ought to be considered as the simple instance around which “Modernity” revolves, contrary to the vision that Villey, among others, wishes to propagate. The “subject” could just as well be the difficulty, the torment of modern thought and of modern Law.
The Adventures of the Subject in Villey’s Narrative of the History of Legal Thinking - 2009.
41
Through the concept of the “subject,” the present essay criticizes certain aspects of Michel Villey’s narrative of the history of the philosophy of law. The narrative in question addresses this history on two different levels: on the one hand, it is a great philosophical narrative that one can pertinently compare to Heidegger’s narrative of the history of Being; on the other hand, it proposes a history of legal doctrines that attributes to Kant and to the Historical School a decisive role in the neglect of (true) Law. It is, however, not certain that the “subject” ought to be considered as the simple instance around which “Modernity” revolves, contrary to the vision that Villey, among others, wishes to propagate. The “subject” could just as well be the difficulty, the torment of modern thought and of modern Law.
Réseaux sociaux