From Positivism To Idealism

Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy. The book examines the shifts in thinking about the rule of law and the wider significance of law, brought about by changing conceptions of the nature of law: from an understanding of law in which the primary focus is on rights, to an articulation of the legal order as a body of deliberately posited rules, and finally to the present understanding of law as a systematic body of rules and principles underpinned by an abiding concern with individual rights. By exposing the historical and metaphysical underpinnings of these theoretical traditions, the book imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.

This work manages to present a complete and informative overview of Nicholas Rescher’s philosphy. A prominent representative of contemporary pragmatism and of 20th century’s thought at large, Rescher wrote an impressive amount of volumes and essays on a wide variety of philosophical topics. The present book purports to make his theses and theories accessible in one single volume. Moreover, it provides an apparatus of references to the relevant literature produced by Rescher’s critics, and positions his work in the wider setting of its links with various contemporary American and European philosophers. The mixture of pragmatism and idealism, typical of Rescher’s stance, is carefully taken into account, along with his contributions to logic, philosophy of science, metaphysics, theory of knowledge, ethics, social and political philosophy.

Hermann Cohen (1842-1918) is an original systematic thinker and representative of the Marburg School of Critical Idealism. The Marburg School was a leading school in German academic philosophy and in German Jewish philosophy for a period of over thirty years preceding the First World War. Initially standing at the front of the ‘Return to Kant’ movement, Cohen subsequently went beyond Kant in developing a system of critical idealism in which he offered a critique of and alternative to absolute idealism, positivism, and materialism. A critical idealist in heart and soul, Cohen is also recognized as a man who embodied German Jewish culture. Publications on Cohen in the English language are small in number and this volume aims to fill the gap. It offers an analysis of Cohen’s System of Philosophy - the three-volume classic on logic, ethics, and aesthetics - and his writings on Judaism and religion. The book highlights Cohen’s contributions in these fields, including his discussions with Maimonides, Leibniz, Kant, and Hegel. It demonstrates the congeniality of Cohen’s critical idealism as expounded in the System and his writings on Judaism, and offers an overview of contemporary Cohen research.