Name: Creon's Ghost
Price: 534.43 RON
Availability: OnlineOnly
Author: Joseph Tomain
ISBN: 9780195333411

Creon's Ghost: Law, Justice, and the Humanities

Joseph Tomain

Creon's Ghost examines the enduring problem of the relationship between man's law and a "higher" law from the perspective of core humanities texts and through discussion of hotly debated contemporary legal conundrums. Today, such issues as intelligent design in school curricula, same-sex marriage, and faith-based government grants are all examples of the interaction between man's law and some other set of moral principles. As these debates are considered in this book, the author uses texts such as Antigone and Plato's Republic and pairs them with the most important jurisprudence texts of the 20th century to explore different approaches to the contemporary conflict or court ruling under consideration. Creon's Ghost demonstrates that the humanities can both illuminate our understanding of contemporary problems and that "classic" texts can be read alongside jurisprudential texts, thus enriching our understanding of and appreciation for law.

Citește tot Restrânge

Descriere

Debate about the separation of law and morality has ancient roots and is still vigorously discussed today. Mostly, the debate has been conducted as a technical problem in jurisprudence or legal philosophy. As a technical, philosophical problem, the arguments are rigorous and tend to be narrow. Creon's Ghost enters the debate from a different angle by discussing the general responses to the problem by pairing stories from the humanities with various contemporary jurisprudential accounts. For example, Chapter 1 pairs Antigone with H. L. A. Hart to illuminate the legal positivist position on how law should be considered separate and apart from morality. Antigone, from which play is taken the text's principal interlocutor-Creon-Tomain develops his themes through the history of the humanities, all the while offering significant connections within the realm of legal scholarship. The major "schools" of jurisprudence are treated at some length-legal positivism, natural law theory, legal realism, legal pragmatism, critical legal studies, et al. The author also presents arguments on why and how law is and should be connected with morality, presenting concepts from Plato's Republic together with Ronald Dworkin to illustrate the claim that law has and should have a moral unity. Creon's Ghost demonstrates that the humanities can both illuminate our understanding of legal discussions and that they can be read alongside jurisprudential texts, thus enriching our understanding of and appreciation for both the humanities and the law.

Notă biografică

Joseph Tomain is Dean Emeritus and the Wilbert & Helen Ziegler Professor of Law at the University of Cincinnati College of Law. As the founder of the Justice Institute for the Legal Profession, Prof. Tomain has conducted innumerable seminars in law and the humanities as a part of post-J.D. education to lawyers, judges, and law teachers. The Justice Institute offers an annual seminar under the auspices of the Ohio State Supreme Court and provides programming in law and the humanities to various professional organizations throughout the country including: the Conference of Chief Justices which is comprised of the Chief Justices of the various state Supreme Courts; the American Judicature Society; the Ohio State Bar Association; the Tennessee Bar Association and to law firms and other bar associations.