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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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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 22 September 2021

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

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

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

Peter Goodrich

Edinburgh University Press

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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