The Cultivation of Cosmopolitan Detachment in Comparative Law: The Hellenistic Contributions

Abstract

This article explores the kind of detachment needed to conduct comparative law scholarship and teaching, as well as implement its application to practical problems. The full and fair comparison of the law requires a cosmopolitan view which embodies some degree of detachment from adherence to the laws of one's ``home". The Enlightenment efforts to build a science of comparative law to achieve this detachment failed. Modern inheritors of the Enlightenment approach have similarly failed. In a series of articles, I argue that we must return to the ancient effort to achieve a new ``objectivity" through Hellenic deliberation, Hellenistic detachment, Roman rhetoric, Christian dialectic and the canonics of the empire's codification process. This article focuses upon the Hellenistic contributions to achievement of cosmopolitan detachment. The Cynic, Skeptic Stoic and Epicurean doctrines and ethical education offer an alternative route to the detachment necessary for a comparative law.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,322

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

  • Only published works are available at libraries.

Similar books and articles

The two-property and condensed detachment.J. A. Kalman - 1982 - Studia Logica 41 (2-3):173 - 179.
Condensed detachment as a rule of inference.J. A. Kalman - 1983 - Studia Logica 42 (4):443 - 451.
A simplified form of condensed detachment.M. W. Bunder - 1995 - Journal of Logic, Language and Information 4 (2):169-173.
The meaning of detachment in Daoism, Buddhism, and Stoicism.David B. Wong - 2006 - Dao: A Journal of Comparative Philosophy 5 (2):207-219.

Analytics

Added to PP
2010-09-10

Downloads
24 (#637,523)

6 months
4 (#818,853)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references