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Law As Symbolic Form

About The , as part of reality that is beyond our immediate reach, ultimately we must always bring them to account to their very source: our independent and individual moral judgment. They are separate domains for Cassirer, and both direct their claims differently on the individual.Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics

Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics. However, they are not separated by a neutral line or a vacuum. They are separate domains for Cassirer, and both direct their claims differently on the individual. The conceptual analysis of law goes hand to hand with its genetic account. In this book we describe the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. For law to have effect as a symbolic form it is necessary that it reflects the law in the mind of people i.e., that one could and ought to have assented to it out of ethical principles and maxims. Whereas ethics concerns the motives of the individual, law ultimately achieves a cosmos for our world of outward actions. Both ethics and law are products of, spring forth from the formative or symbolic powers of man, and although, as any other symbolism, they might confront us as something objective, i.e., as part of reality that is beyond our immediate reach, ultimately we must always bring them to account to their very source: our independent and individual moral judgment.

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Law As Symbolic Form

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