Jump to ContentJump to Main Navigation
Punishment, Responsibility, and JusticeA Relational Critique$
Users without a subscription are not able to see the full content.

Alan Norrie

Print publication date: 2000

Print ISBN-13: 9780198259565

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198259565.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 18 December 2017

A Dialectical Approach

A Dialectical Approach

Chapter:
(p.67) 4 A Dialectical Approach
Source:
Punishment, Responsibility, and Justice
Author(s):

ALAN NORRIE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198259565.003.0004

This chapter argues that the traditional Hegelian desire to ‘rationalise the real’, and thereby to resolve the problems of law via dialectical method, must be rejected. A dialectical approach, properly employed, reveals law's continuing historical and structural problems. Nonetheless, Georg Hegel's dialectical understanding of the limits of analytical reasoning, described and explained in this chapter as identity thinking, remains a crucial staging post. Hegel's dialectic is followed, and then transcended in favour of Roy Bhaskar's approach. This chapter outlines the opposition between analytical ('identity') thinking and dialectical (‘entity relational’) thinking, and explains, using Hegel, how the dialectical critique works for criminal justice. Bhaskar's entity relationism and dialectical critical realism are discussed, along with false separation in Immanuel Kant's morality of form and the limits of an analytical model of legal reasoning.

Keywords:   Georg Hegel, analytical reasoning, identity thinking, dialectic, Roy Bhaskar, criminal justice, legal reasoning, critical realism, Immanuel Kant, false separation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .