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Asking comparison with Heidegger

Asking comparison with Heidegger
Asking comparison with Heidegger
Comparison is pervasive throughout the legal world. Comparison has a prominent role in the doctrine of precedent helping to create certainty and consistency in the law, by building a path through like-cases-treated-alike. We trust comparison to assist us to weigh-up and decide matters of law and justice. But why should like-cases-be-treated-alike? And what strange stake does comparison have in these matters? The legal world relies heavily on comparison, and yet the law seldom thinks of comparison. This investigation seeks to ask comparison. Asking comparison implies comparison is not yet thought. In the pockets where law recognises comparison, in comparative endeavours, it has been seen as a transparent and useful tool, but not itself worthy of investigation. Asking comparison in law inter-rupts our legal comparisons, bringing comparison to the open to interrogate it carefully. The claim is not that no one has ever thought about comparison, the thesis engages with the different ways writers have thought about comparison. There is a two-fold sense to the ‘not yet’ asking comparison. In the first sense, the not yet in law refers to the way mainstream Western legal thought generally passes over the role comparison has in its day-to-day and like-to-like functioning. The thesis distinguishes between ontic comparison (legal comparison) and the origin of comparison. In another primordial way comparison is not yet asked. Our question is itself a rupture: asking comparison is seeking-out the out-of-which (the source) that send itself to us. Comparison is a bringing-forth. What determines the movement of comparison? Asking comparison always arrives too late, drawn into that which has already drawn away from us. Asking comparison is always belatedly asking the question of origin, which keeps turning itself away from us. Asking comparison is an opening to the Greek world. The thesis unfolds itself with the question
University of Southampton
Petretta, Ida
c84b97f2-9e86-495e-a1ba-0580deb686c4
Petretta, Ida
c84b97f2-9e86-495e-a1ba-0580deb686c4
Gibbs, Alun
c8a57ffe-7bf9-4ca1-a2d9-523f37647229

Petretta, Ida (2017) Asking comparison with Heidegger. University of Southampton, Doctoral Thesis, 200pp.

Record type: Thesis (Doctoral)

Abstract

Comparison is pervasive throughout the legal world. Comparison has a prominent role in the doctrine of precedent helping to create certainty and consistency in the law, by building a path through like-cases-treated-alike. We trust comparison to assist us to weigh-up and decide matters of law and justice. But why should like-cases-be-treated-alike? And what strange stake does comparison have in these matters? The legal world relies heavily on comparison, and yet the law seldom thinks of comparison. This investigation seeks to ask comparison. Asking comparison implies comparison is not yet thought. In the pockets where law recognises comparison, in comparative endeavours, it has been seen as a transparent and useful tool, but not itself worthy of investigation. Asking comparison in law inter-rupts our legal comparisons, bringing comparison to the open to interrogate it carefully. The claim is not that no one has ever thought about comparison, the thesis engages with the different ways writers have thought about comparison. There is a two-fold sense to the ‘not yet’ asking comparison. In the first sense, the not yet in law refers to the way mainstream Western legal thought generally passes over the role comparison has in its day-to-day and like-to-like functioning. The thesis distinguishes between ontic comparison (legal comparison) and the origin of comparison. In another primordial way comparison is not yet asked. Our question is itself a rupture: asking comparison is seeking-out the out-of-which (the source) that send itself to us. Comparison is a bringing-forth. What determines the movement of comparison? Asking comparison always arrives too late, drawn into that which has already drawn away from us. Asking comparison is always belatedly asking the question of origin, which keeps turning itself away from us. Asking comparison is an opening to the Greek world. The thesis unfolds itself with the question

Text
Petretta, Ida - final thesis - Version of Record
Restricted to Repository staff only until 21 February 2022.
Available under License University of Southampton Thesis Licence.

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Published date: November 2017

Identifiers

Local EPrints ID: 428644
URI: http://eprints.soton.ac.uk/id/eprint/428644
PURE UUID: 209536ba-3463-4f5e-b27f-decb601c10ec

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Date deposited: 05 Mar 2019 17:30
Last modified: 13 Mar 2019 17:32

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