Imagining Justice: Intr. to Law & Human (840115B6)
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Summary Imagining Justice: Intr. to Law & Human (840115-B-6)
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Imagining Justice: Intr. to Law & Human (840115B6)
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Tilburg University (UVT)
This Document summarizes the lectures of the course Imagine Justice. Therefore that the course is focusing on different texts, this summary mainly includes content of texts from Plato, Hobbes, Aristotle, Martin Luther King Jr., etc.. Moreover, this summary also provides sections about the connectio...
Imagining Justice: Intr. to Law & Human (840115B6)
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Summary imagining justice
Session 1, Humanities and Law
What does it mean to be human?
Aristotle: humans naturally …
1. … are political animals (Politics)
=> communication, religion (between animals and gods), law
2. … are animals possessing logos (speech, reason) (Politics)
=> language, science, stories, literature, poetry
3. … have a desire to know (Metaphysics)
=> history, philosophy, science
4. … are capable of imitating and taking pleasure in imitations (images) (Poetics)
=> culture: visual arts, literature, music…
What is law?
1. External approach: Law is a collective action trough and by a government
2. Internal approach: Law is a language of concepts, rules and principles
3. Justice approach: Law is an art of equality and determining what is good or what is not.
Areas in law
1. Private law> law regarding individuals and associates and their interaction
2. Public law> law regarding the relationship between the authority and the individual
Law and humanities
● Decalogue= the 10 amendments
● Nomos= law
Interconnectedness of law and narrative Narratives (stories) give context to the law. With narratives, law makes the world we live
in, instead of being just a system of rule in order of which we live.
Constitutions
A constitution is the highest law in a country
The preamble is the introductory part of a constitution and states the reason for and intent of a law. In the preamble you can often
clearly see the narrative to the law.
The narrative to the law
Legal country Narrative Important stuff
South-Africa Focusses on the injustice of Talks about God
the past
Rwanda Focusses on the Talks about equality
Tutsi-genocide
Israel Focusses on Jewish people No mention of God
,Hungary Western-orientated Mentions Christianity
Session 2, Sophocles/Antigone
● Summery of Antigone: Antigone begins with The two sons of Oedipus, Eteocles and Polyneices, who are fighting for the
kingship of Thebes. Both men die in the battle. Their successor, Creon, decides that King Eteocles will be buried, but
Polyneices, because he was leading a foreign army, will be left on the field of battle. Antigone, his sister, buries him anyway.
Antigone is caught burying Polyneices and is condemned to death. Her fiance and Creon's son, Haemon, learns about this and tries to
convince Creon to change his mind. It's only then that the seer Tiresias appears. After a long discussion, he finally persuades Creon that
the gods want Polyneices buried. By then it's too late -- Antigone has hung herself, Haemon kills himself when he finds her, and Creon's
wife kills herself when she learns about her son
- Oedipus: the first MF in European literature.
- Antigone: his daughter/sister, and the first civil disobedient/suicide activist in European literature.
-> Natural law “unwritten and unchanging laws”
- Creon: her uncle, ruler of Thebes.
-> legal positivism “we must obey”
- Haemon: her fiancé, son of Creon.
->legal realism/interactionism “the city is upset about the girl”, “The people here in Thebes all
say the same”
- Ismene: Antigone’s sister.
- Who is right? Why?
- What/whose laws (nomos - narrative)?
- Why is this a tragedy?
Antigone, Law, Tragedy
Look on fellow citizens
What is a tragedy
● There is a character with a flaw, which leads to a mistake (Creon)
● A climactic point of conflict/ the whole play reverses ( the point where Creon sees he has been blind and rushes to the
dungeons)
● There is unity of time and place (Almost the whole play takes place in the palace at the same day
Tragedy is also about
● Showing and tackling taboos (Oedipus complex in Antigone)
● Showing that we learn trough suffering: A transgression (ignorance) is committed, and it is as inevitable as it is
unforgivable. Understanding comes too late and punishment is excessive.
Core = The protagonist commits a transgression that is both inevitable and unforgivable. Understanding comes too late, and
punishment is excessive
, The human condition= ‘’Zeus, who guides mortals on the path to wisdom, has established as a fixed law: learning trough
suffering
The main theme of Antigone is the balance between law and ethics: When is law justified?
Character Analysis
Antigone: Contrary to Ismene, Against the Legal rules, sacrifices own life to bury her brother.
Creon: Suffers the burden of rules. Executes Antigone.
Why and when should we obey the law? What ensures the validity of the law? Why and when are laws just
1. Creon> legal positivists (Hobbes)
● We must obey whatever man the city puts in charge, just or unjust
● The law is
● A system of rules posited by competent authorities
● Separated from other domains (morality)
● Authority, not truth makes laws
● Made by humans
● Changeable
● Separated from other domains
● Following a system of rules, even though it might not be just (Nazi’s)
● Law - Justice
2. Antigone> natural law (Aristotle)
● We must obey natural laws, proclaimed by the Gods
● The law is
● Unwritten & unchanged
● Universal ideals and principles of justice
● Not made by humans and cannot be overruled by an earthly ruler
● Not separated from other domains
● Binds all men, even that have no association with each other
● The natural laws are often a starting point for human laws
● Law - Decree
3. Haemon > legal realism/ interactionism (Selznick)
● Law is influenced by the opinion of the people
● law is
● a mainstay of cultural identity
● A social phenomenon
● Regulation of mutual expectations regarding others behaviour
● Not separated from other domains
● A ‘’living’’ law
● A bridge between justice and community
Who is the tragic character in the play
Creon > He makes a great mistakes and realizes this while it is too late. Afterwards he is punished by loss of his wife and
daughter ‘
Antigone
Antigone challenges the legitimacy of a political community as such in the name of an other order.
Antigone (rebellious) and Ismene (passive) represent two opposing impulses.
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