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Schreber's LawJurisprudence and Judgment in Transition$
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Peter Goodrich

Print publication date: 2018

Print ISBN-13: 9781474426565

Published to Edinburgh Scholarship Online: May 2020

DOI: 10.3366/edinburgh/9781474426565.001.0001

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The Impure Theory of Law: The Metaphysics of Play-With-Human-Beings

The Impure Theory of Law: The Metaphysics of Play-With-Human-Beings

Chapter:
(p.87) 4 The Impure Theory of Law: The Metaphysics of Play-With-Human-Beings
Source:
Schreber's Law
Author(s):

Peter Goodrich

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474426565.003.0005

Schreber’s theory of law is here put into the context of its contemporaries. The Judge had worked on the German Civil Code and his immediate jurisprudential adversary was the neo-kantian school of legal philosophy that generated the Pure Theory of Law. Scrheber advocates, by way of antithesis, an Impure Theory, a law of the body, a synaesthetic corpus iuris, replete with smells and sounds, touch and vision, fear and desire. His was a radically humanistic theory of legality, and in comparison to the theocratic Christian doctrine of the Duke of Argyll’s Reign of Law, or the mystical completeness of the Pure Theory, the Memoirs offers an invigorating corrective of a tellurian justice gauged to the needs of the human.

Keywords:   Desire and law, Pure Theory of law, Voluptuousness

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