An Existential Phenomenology of Law: Maurice Merleau-Ponty
The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Me
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PHAENOMENOLOGICA COLLECTION FONDEE PAR H.L. VAN BREDA ET PUBLIEE SOUS LE PATRONAGE DES CENTRES D'ARCHIVES-HUSSERL
104
WILLIAM S. HAMRICK
AN EXISTENTIAL PHENOMENOLOGY OF LAW: MAURICE MERLEAU-PONTY
Comite de redaction de la collection: President: S. IJsseling (Leuven) Membres: L. Landgrebe (Koln), W. Marx (Freiburg i. Br.), J.N. Mohanty (Philadelphia), P. Ricoeur (Paris), E. Stroker (Koln), J. Taminiaux (Louvain-La-Neuve), Secretaire: J. Taminiaux
AN EXISTENTIAL PHENOMENOLOGY OF LAW: MAURICE MERLEAU-PONTY
WILLIAM S. HAMRICK (Southern Illinois University at Edwardsville, U.S.A.)
....
1987 SPRINGER-SCIENCE+BUSINESS MEDIA, B.V. "
Library of Congress Cataloging in Publication Data
Hamrick, William S. An existential phenomenology of law. (Phaenomenologica ; 104) Bibliography: p. Includes index. 1. Law--Philosophy. 2. Existential phenomenology. 3. Merleau-Ponty, Maurice, 1908-1961. I. Title. II. Series.
K348.H36
1987
340'.1
87-7976
ISBN 978-90-481-8302-9 ISBN 978-94-017-0707-7 (eBook) DOI 10.1007/978-94-017-0707-7
Copyright
© 1987 by Springer Science+Business Media Dordrecht Originally published by Martinus Nijhoff Publishers, Dordrecht in 1987 Softcover reprint ofthe hardcover Ist edition 1987 AlI rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publishers.
ACKNOWLEDGEMENTS I am indebted to many people for their careful and patient criticisms of this essay at its various stages of development. Chief among these is Professor Simone Goyard-Fabre of the Universite de Caen, France, who contributed much to the way that my initial reflections came to bear fruit. Professor Goyard was also of enormous personal help during a previous sejour in France which, among other things, permitted me the opportunity to discuss with her almost daily Merleau-Ponty's phenomenology and law. I am also grateful for criticisms by the members of the British Society for Phenomenology, before whom were presented several earlier versions of parts of this essay. lowe a similar debt of gratitude to the members of the Society (and others) who have offered criticisms of revised versions of those papers that subsequently appeared in the Journal of the British Society for Phenomenology, and I am especially indebted to Professor Wolfe Mays, Editor of the Journal, for his helpful comments. Likewise, I would like to thank Mr. Neil Duxbury of the Faculty of Law, London School of Economics, for his many suggestions which improved the final copy of this book. I would also like to thank Professors James Marsh, formerly of St. Louis University (and now of Fordham), and Herbert Spiegelberg of Washington University in St. Louis-neighbors and friends both-for their continued encouragement and beneficial criticisms. Both have been immensely helpful all along the route, although I do not venture to impute to them approval of the final result. Likewise, despite the cons
