Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-22T09:58:37.586Z Has data issue: false hasContentIssue false

Chapter Seven - Law as Science and the “Coming-into-Being” of Natural Right in Cohen, Cassirer and Kelsen

from Part III - Liberal Democracy and Law

Published online by Cambridge University Press:  05 September 2013

Get access

Summary

In an overview of Ernst Cassirer's Weimar career, the philosopher Jürgen Habermas commented on a central contradiction. “In the realm of the German Mandarins, [Cassirer was] one of the few courageous exceptions who defended the Weimar Republic against its despisers among the intellectuals,” yet it is “all the more astonishing” that nowhere in Cassirer's key writings on symbolic forms from the Weimar Period does the concept of right and morality, and with it the realm of politics, find a clearly defined place. In this, Habermas voices a disappointment common to many readers of Cassirer: even as Cassirer was clearly aware of the perils of his era, his Weimar philosophy appears to have retained a “Mandarin” distance from politics. Habermas responds to this lacuna by noting the continuity and importance of Cassirer's concept of symbolic form with a “theory of civilizational processes,” an argument that has been developed from a different perspective in Drucilla Cornell's recent work on Cassirer. As we have already suggested from Cassirer's work in the Wilhelmine period, however, he had earlier presented the outlines of a surprisingly robust theory of law and the state that greatly strengthens Habermas's reading of Cassirer. Indeed, Cassirer's theory of law, ethics and his liberal theory of something resembling “civilizational processes” prove integrally related to his later work, and only by placing these aspects of his project together can we understand the political meaning of his philosophy.

Type
Chapter
Information
Publisher: Anthem Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×