The Idea of Justice in Literature (Wirtschaftsethik in der globalisierten Welt)

The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself. Contents The Idea of Justice in Drama.- Narrative Literature, Poetry and Essays.- Graphic Novels and Legal Philosophy Target Groups Lecturers and students of philosophy, economy and literature The Editors Hiroshi Kabashima is professor of jurisprudence in the School of Law at Tohoku University, Japan. Shing-I Liu is professor in the School of Law at National Taipei University, Taiwan. Christoph Luetge is professor of business ethics at Technical University of Munich, Germany. Aurelio de Prada García is professor of philosophy of law at Rey Juan Carlos University in Madrid, Spain Inhalt / Contents 6 1 Introduction 8 I The Idea of Justice in Drama 11 2 Widerstand im Namen der Gerechtigkeit 12 1 12 2 13 3 14 4 16 5 17 6 19 The Author 19 3 The Heads of Justice. ”ANTIGONE-ISMENE”?, ”ANTIGONE and ISMENE”?, ”ANTIGONE-”?, ”-ISMENE”?... 20 1 Introduction 20 2 One or Two Protagonists? 22 3 Two Individualities? 33 4 To Conclude: Ismene and Us 40 The Author 41 4 Taming the Anger. A Jurisprudential Reading of Two Greek Dramas 42 Reference 50 The Author 50 II The Idea of Justice in Narrative Literature 51 5 Democracy, Law, Judges and Solitude. Some Reflections from Walden and the Lake Isle of Innisfree 52 Coda 58 References 59 The Author 60 6 The Idea of the Honest Businessman in Literature 61 1 The Concept of the Honest Businessman 61 2 The Historical Background of the Honest Businessman 63 3 The Honest Businessman in Literature 64 Conclusion 66 References 66 The Author 67 7 What Justice? Things as They Are 68 Introduction 68 1 The Plot of the Novel 71 2 What Justice? 73 References 79 The Author 79 8 From Brave New World to Island: Huxley’s Tales of Alternatives To Law? 80 1 82 2 86 2.1 86 2.2 92 3 97 3.1 97 3.2 99 3.2.1 99 3.2.2 100 The Author 101 9 Kafka und Schwejk. Karikatur des modernen Rechtssystems und Gefühl der Ungerechtigkeit 102 1 Einführung 103 2 Das Recht als Groteske 104 3 Das moderne Rechtssystem und Gefühl der Ungerechtigkeit 109 Der Autor 113 III The Idea of Justice in Poetry and Essays 114 10 Romanticism and Political Violence 115 1 Preface 116 1.1 Current Problems 116 1.2 Setting the Explanatory Framework 117 2 German Romanticism and Nazism 118 2.1 Character of Nazism 118 2.2 Romanticism Against Enlightenment 119 2.3 Resentment and Protest of the Belated Nation 120 3 Japanese Romanticism and Militarism 122 3.1 German Influence to the Japanese Romanticism 122 3.2 Features of the Japanese Romanticism 124 3.3 Romanticist Militarism? 125 4 Comparison of German and Japanese Romanticism 127 Conclusion 129 The Author 130 11 A Penny for Your Thoughts. The Conceptions of Justice in the Literature of Cora Coralina 131 Introduction 131 1 New Approach in Law & Literature: Piece of Art, Piece of Data 132 2 What Could We Learn About Justice from Cora Coralina? 133 3 Stone by Stone: The Construction of Ourselves, of Others, and of Our Expectations 135 4 Conclusions 144 Acknowledgments 144 References 145 The Author 145 12 Justice without Formulas. Interpretations of Polish Nobel Prize Winners in the 20th Century 146 1 Known and Forgotten Ways of Understanding Justice 146 2 Justice and Literature 150 3 Values of the Christian Civilization Before the Idea of Justice 153 4 Life in Poverty and Precarious Justice of the Community 155 5 Value of Justice and a Threat to Tyrants 158 6 Justice as Passion and the Excellent Distance 161 7 Fairness and Equality as Forms of Justice and Intuitive Law 164 The Author 165 VI The Idea of Justice in Graphic Novels 166 13 Rule of Law and State of Exception in Arts. A Study of V for Vendetta 167 Introduction 168 1 The Graphic Novel V for Vendetta 168 2 V for Vendetta and the State of Exception 170 3 Against the Violence of the Exception: Anarchism and Multitude 175 Conclusion 185 References 185 The Authors 186 V The Idea of Justice in Legal Philosophy 187 14 Der Sinn des Rechtsgedankens. (Gerhard Sprengers Radbruchsche Formel) 188 1 Sprengers Ansicht 188 2 Einige offene Fragen 191 3 Symbolische Bedeutung der Radbruchschen Formel 195 Literatur 199 The Author 201 15 The Concept of Gewalt in Walter Benjamin Philosophy of Law 202 Introduction 202 1 Archaeological and Genealogical Conception of Gewalt 203 2 On Benjamin’s Early Works 204 2.1 Der Begriff der Kunstkritik in der deutschen Romantik 204 2.2 Goethes Wahlverwandtschaften 205 2.3 Ursprung des deutschen Trauerpiels 206 Conclusion 209 References 211 The Authors 211 The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself. Contents The Idea of Justice in Drama.- Narrative Literature, Poetry and Essays.- Graphic Novels and Legal Philosophy Target Groups Lecturers and students of philosophy, economy and literature The Editors Hiroshi Kabashima is professor of jurisprudence in the School of Law at Tohoku University, Japan. Shing-I Liu is professor in the School of Law at National Taipei University, Taiwan. Christoph Luetge is professor of business ethics at Technical University of Munich, Germany. Aurelio de Prada García is professor of philosophy of law at Rey Juan Carlos University in Madrid, Spain