On Aspects of Legal Romanticism: Either-Or-Mentality

Legal Romanticism, Part 2 of 6 The judge – such is a common view – in deciding what is right, determines what is wrong, too. Similar to field researchers observing natural phenomena, e.g. biologists, the judge ought to look at legal disputes as an unattached spectator. She or he should ideally represent the neutral perspective on both conflicting sides. The judicial decisionmaker acts as the actual and realised tertium comparationis to the conflicting parties, the “third” according to which a comparison of interests is made….

Introducing Legal Romanticism

Legal Romanticism, Part 1 of 6 If a Wittgensteinian spectator would look at how lawyers and natural scientists use language, she or he would find at first glance that both are debating the coherence and justification of the same concept: law. For Friedrich Nietzsche in “Human All Too Human,” this connection of the natural order and its laws of nature with the experience of constructing society with legal as well as moral tools was evidence enough for the inherent human desire to create and to…

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