Citation and precedent : conjunctions and disjunctions of by Thomas Oliver Beebee

By Thomas Oliver Beebee

Between Western literatures, simply the German-speaking international locations can boast a listing of world-class writers corresponding to Goethe, Hoffmann, Kleist, Kafka, Schmitt, and Schlink who have been educated as felony students. but this checklist simply tricks on the advanced interactions among German legislations and literature. it may be supplemented, for instance, with the original interventions of the criminal approach into literature, starting from makes an attempt to Read more...

summary: between Western literatures, merely the German-speaking nations can boast an inventory of world-class writers akin to Goethe, Hoffmann, Kleist, Kafka, Schmitt, and Schlink who have been informed as criminal students. but this record in basic terms tricks on the complicated interactions among German legislation and literature. it may be supplemented, for instance, with the original interventions of the criminal approach into literature, starting from makes an attempt to save lots of literature from the tidal wave of Schund (pulp fiction) within the early 20th century to audiences suing theaters over the mistaken construction of classics within the twenty-first. The lengthy checklist of situations the place German literature cites legislations, or the place German legislation serves literature as a precedent, sign the dream of German tradition of a harmony of pursuits and targets among spheres of job. but the very energy of this dream stems from genuine old and social procedures that more and more autonomize and separate those domain names from one another. Beebee examines the heritage of this dialectical stress via shut readings of various situations within the smooth period, starting from Grimm to Schmitt

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Introduction 21 world, as well as the increased role of contingency as the basis of love interest: applying the loves/does-not-love binary to the main male and female characters of a typical novel, for example, yields four possibilities, ranging from mutual love to mutual indifference, and the reader’s interest is largely focused on the question of which outcome will reveal itself. ) Critical responses to ST have been intense. Most objections are based on the problem of law as a functionalist, closed system, impervious to moral and ethical ideas.

They, of course, do not create a material world of their own. They presuppose other levels of reality, as for example human life presupposes the small span of temperature in which water is liquid. But whatever they use as identities and differences is of their own making. In other words, they cannot import identities and differences from the outer world; these are forms about which they have to decide themselves. (Luhmann, ‘Autopoiesis’, 3) An important feature that distinguishes the autopoiesis of social subsystems from those of organisms is that while the latter may negate material, the former negate only data; the reduction of complexity achieved is called Sinn (meaning, sense, direction).

Relevant to this structure is the fact that one can decide justice [Recht] by identifying it as the negation of injustice [Unrecht], and decide injustice by identifying it as the negation of justice, as well as the fact that attempts at fleeing from this alternative into vagueness or into other discursive fields [Sinnbereiche] such as love or belief or power or art are blocked whenever possible. (Luhmann, Ausdifferenzierung des Rechts, 57) In the generally accepted English terminology of ST, a decision made by a system is called an ‘observation’, and the line drawn by the decision is called a ‘distinction’.

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