Law As Symbolic Form Ernst Cassirer and the Anthropocentric View of

Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics. They are separate domains for Cassirer, and both direct their claims differently on the individual. Whereas ethics concerns the motives of the individual,

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Law and Philosophy Library 82

Law as Symbolic Form Ernst Cassirer and the Anthropocentric View of Law



LAW AS SYMBOLIC FORM

Law and Philosophy Library VOLUME 82

Managing Editors FRANCISCO J. LAPORTA, Department of Law, Autonomous University of Madrid, Spain ALEKSANDER PECZENIK†, Department of Law, University of Lund, Sweden FREDERICK SCHAUER, John F. Kennedy School of Government, Harvard University, Cambridge, Mass., U.S.A. Former Managing Editors AULIS AARNIO, MICHAEL D. BAYLES†, CONRAD D. JOHNSON†, ALAN MABE Editorial Advisory Board AULIS AARNIO, Research Institute for Social Sciences, University of Tampere, Finland ´ ZENON BANKOWSKI, Centre for Law and Society, University of Edinburgh PAOLO COMANDUCCI, University of Genoa, Italy ERNESTO GARZÓN VALDÉS, Institut für Politikwissenschaft, Johannes Gutenberg Universität Mainz JOHN KLEINIG, Department of Law, Police Science and Criminal Justice Administration, John Jay College of Criminal Justice, City University of New York NEIL MacCORMICK, European Parliament, Brussels, Belgium WOJCIECH SADURSKI, European University Institute, Department of Law, Florence, Italy ROBERT S. SUMMERS, School of Law, Cornell University CARL WELLMAN, Department of Philosophy, Washington University

LAW AS SYMBOLIC FORM Ernst Cassirer and the Anthropocentric View of Law

DENIZ COSKUN Radboud University of Nijmegen, The Netherlands

A C.I.P. Catalogue record for this book is available from the Library of Congress.

ISBN 978-1-4020-6255-1 (HB) ISBN 978-1-4020-6256-8 (e-book)

Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. www.springer.com

Printed on acid-free paper

All Rights Reserved © 2007 Springer No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work.

To the memory of my great-grandmother Meyrem Özcan

ACKNOWLEDGMENTS My thanks go out to many. From an intellectual and aspirational point of view I want to thank Norman Redlich and Paul Kahn for their support throughout the process. My thanks go out also to Bruce Ackerman and our many interactions during the Justice course at Yale. My advisor Thomas Mertens has teached me a lot, professionally and personally. Paul Cliteur I want to thank for teaching me to write an essay. This book is written on a Netherlands Organization for Scientific Research Scholarship. Furthermore, this book has benefited from my visit to Yale Law School and the Beinecke Rare Book and Manuscript Library of Yale University. In addition, this book has benefited from my stay at Georgetown University Law Center, and my frequent visits to the United States Holocaust Memorial Museum Library (for the Center of Advanced Holocaust Studies) in Washington, D.C., because of a Fulbright Scholars