Creons Ghost: Law, Justice, and the Humanities

Hardcover | February 15, 2009

byJoseph Tomain

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Debate about the separation of law and morality has ancient roots and is still vigorously discussed today. Mostly, the debate has been conducted as a technical problem in jurisprudence or legal philosophy. As a technical, philosophical problem, the arguments are rigorous and tend to benarrow. Creon's Ghost enters the debate from a different angle by discussing the general responses to the problem by pairing stories from the humanities with various contemporary jurisprudential accounts. For example, Chapter 1 pairs Antigone with H. L. A. Hart to illuminate the legal positivistposition on how law should be considered separate and apart from morality. Antigone, from which play is taken the text's principal interlocutor-Creon-Tomain develops his themes through the history of the humanities, all the while offering significant connections within the realm of legalscholarship. The major "schools" of jurisprudence are treated at some length-legal positivism, natural law theory, legal realism, legal pragmatism, critical legal studies, et al. The author also presents arguments on why and how law is and should be connected with morality, presenting concepts from Plato's Republic together with Ronald Dworkin to illustrate the claim that law has and should have a moral unity. Creon's Ghost demonstrates that the humanities can bothilluminate our understanding of legal discussions and that they can be read alongside jurisprudential texts, thus enriching our understanding of and appreciation for both the humanities and the law.

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Debate about the separation of law and morality has ancient roots and is still vigorously discussed today. Mostly, the debate has been conducted as a technical problem in jurisprudence or legal philosophy. As a technical, philosophical problem, the arguments are rigorous and tend to benarrow. Creon's Ghost enters the debate from a dif...

Joseph Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati College of Law. As the founder of the Justice Institute for the Legal Profession, Prof. Tomain has conducted innumerable seminars in law and the humanities as a part of post-J.D. education to lawyers, judges, and law teac...

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Format:HardcoverDimensions:300 pages, 9.25 × 6.13 × 0.98 inPublished:February 15, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195333411

ISBN - 13:9780195333411

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