(DOWNLOAD) "Toward Cosmopolitan Law (Teaching Law and Philosophy) (Canada)" by McGill Law Journal ~ eBook PDF Kindle ePub Free
eBook details
- Title: Toward Cosmopolitan Law (Teaching Law and Philosophy) (Canada)
- Author : McGill Law Journal
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 281 KB
Description
The term "transsystemic law" was coined to characterize the study of law in which the McGill Faculty of Law has been engaged ever since it combined civil law and common law education into a single curriculum. In seeking to characterize and reflect on the possible significance of the transsystemic idea, the author draws on a parallel attempt to recharacterize the curriculum and study of philosophy undertaken by Jacques Derrida. To reinvent the legal curriculum as a study of legal pluralism using transversal categories not proper to any particular jurisdiction or legal tradition opens up the concept of law itself and beckons us to revisit the relation between law and philosophy. Derrida had already discovered that to reinvent the philosophy curriculum involved in particular the need to overcome the division between continental and analytic traditions, moving beyond the idea of philosophic systems so as to seek out a paradoxical and charged cosmopolitan standpoint. For Derrida, the prolegomenon to this task involved revisiting and reinvesting the relation between philosophy and law. To teach transsystemic, cosmopolitan law is an attempt to fashion what Kant had called "the universal law of hospitality": hospitality between law and other disciplines, hospitality among legal traditions, hospitality between guest and stranger. Hospitality is sought out and provided in the name of a certain emancipatory justice that would unconditionally provide for and forgive the debts we owe each other.