Encyclopedia of the Science of Law Volume 1 Mellen, Series A, vol. 8

Picture

General Editor: D.F.M. Strauss
Translated by Robert D. Knudsen
Edited by Alan M. Cameron
New York: The Edwin Mellen Press, 2002, 250pp.
ISSN : 0-7734-8699-2

 

Foreword

 

Chapter 1

 



Encyclopedia of the Science of Law Volume 1 may be ordered from Mellen Press

 

The Encyclopedia of the Science of Law which Herman Dooyeweerd produced as "notes" for his students contains a remarkably complete system of jurisprudence (philosophy of law). This first volume in the five volume set, the Introduction, is not only an introduction to the systematic legal philosophy but also an invaluable introduction to the general philosophy contained in the four volume A New Critique of Theoretical Thought. More than a mere introduction, with the academic discipline of law as the model, it complements that work by providing an exemplar for applying the philosophy of the cosmonomic idea to specialised fields other than law.

 

The next volume (3) to be published in this set will be the Elementary and Complex Basic Concepts. The Basic Concepts and this Introduction provide the philosophical basis, and theoretical framework and method of the reformational legal philosophy and are the two core volumes of the entire jurisprudential work.

 


 

Encyclopedia of the Science of Law Volume 1

   
  Foreword .............................................. xi
  Editor's Introduction .............................................. 1
 

PART 1

 

The Philosophic Idea of Encyclopedia in the Light of the Cosmonomic Idea. The Theory of the Law-Spheres as the Primary Foundation of the Encyclopedia of the Science of Law

 

   
1.1 Introduction to the Science of Law and the Philosophic Idea of Encyclopedia .............................................. 11
1.2 Science and Reality .............................................. 21
1.3 Philosophy, the Special Sciences, and Naïve Experience of Reality. Cosmic Time and the First Transcendental Basic Problem of Any Conceivable Philosophic System .............................................. 26
1.4 The Second Transcendental Basic Problem of Philosophy: The Archimedean Point .............................................. 34
1.5 The Christian Transcendence Standpoint and the Critical Immanence Standpoint in Philosophy.
The Third Transcendental Basic Problem of Philosophy
.............................................. 37
1.6 The Four Religious Ground Motives of Western Thought .............................................. 48
  1.6.1 The Form-Matter Motive
1.6.2 The Motive of Creation, Fall, and Redemption
1.6.3 The Nature-Grace Motive
1.6.4 The Motive of Nature and Freedom
..............................................
..............................................
..............................................
..............................................
50
58
61
63
1.7 The Cosmonomic Idea as the Transcendental Ground?idea of Philosophy: The Transcendental Critique of Theoretical Thought and "Metaphysics" .............................................. 75
1.8
The Cosmonomic Idea and the Method of Concept-Formation in the Science of Law
.............................................. 85
1.9 The Law-Spheres and their Modal Structures. The Concepts of Law and Subject in the Science of Law .............................................. 94
1. 10 The Cosmic Order of the Law?Spheres and the Method of Analysis of the Modal Structures. .............................................. 100
1. 11 Antinomies and Illegitimate Fictions in Scientific Thinking: The Fictions of Legal Method .............................................. 112
 

 

PART 2

 

The Opening Process in the Normative Aspects of Reality: Law and History

 

   
2.1 The Sphere Universality of All the Modal Aspects and the Opening Process in the Normative Anticipatory Law-Spheres. The Relationship of Causality, Attribution, Unlawfulness, and Fault .............................................. 123
2.2 Law and History: The Relationship of the Science of Legal Dogmatics to the Science of Legal History .............................................. 135
2.3 Law and History: The Modal Structure of the Historical Aspect .............................................. 138
2.4 The Modal Meaning of History in its Opened Structure: The Relation of Historical Ethnology and the Science of History .............................................. 155
2.5 The Relationship between Law and History Revisited: Is the Opposition between Historical and Systematic Thinking Correct? .............................................. 165
2.6 The Modal Structure of Faith as the Temporal Boundary Function and its Place in the Opening Process .............................................. 173
 

PART 3

 

The Subject-Object Relation within the Modal Structure of the Law-Spheres and its Significance for the Science of Law

 

   
3.1 The General Significance of the Subject-Object Relation in the Modal Structure of the Law?Spheres with particular reference to the Jural Aspect .............................................. 185
3.2 The Limits of the Subject-Object Relation .............................................. 188
 

PART 4

 

The Theory of the Individuality-Structures of Reality and their Forms of Interlacement as a Second Foundation for the Encyclopedia of the Science of Law

 

   
4.1 The Place of the Various Branches of Law in an Encyclopedia of the Science of Law .............................................. 197
4.2 The Relationship of the Modal and the Individuality Structures of Reality. Law?Type and Law-Modality .............................................. 204
4.3 The Interlacement of the Individuality?Structures: Enkapsis and the Enkaptic Structural Whole .............................................. 216
4.4 The Enkaptic Structural Whole of the Human Body and Act?Life: The Relationship of Psychology and the Science of Law .............................................. 222
  Glossary .............................................. 233
  Index .............................................. 243

 

 


Foreword

 

The Encyclopedia of the Science of Law constitutes the first scholarly domain in which Dooyeweerd tested his radically new understanding of created reality, informed by the biblical basic motive of creation, fall, and redemption. The Science of Law represents the academic discipline in which Dooyeweerd was trained and in which he developed exceptional expertise. Therefore, it must be clear that the publication of this comprehensive and authoritative multivolume series will contribute significantly to the ever growing legacy of reformational philosophy.
Although many philosophical trends throughout the history of philosophy and even within the contemporary scene ventured to categorize our understanding of created reality, the dominance of reductionistic approaches frequently precluded an integral account of the diversity and unity of reality. What is particularly attractive about Dooyeweerd's program in the Encyclopedia is that he applies the method of immanent cdticism so effectively in his analysis of alternative theoretical trends that it enhances the argumentative force of his own approach. Combined with his sincere aim to do justice to empirical reality in all its facets and dimensions?exemplified in what became known as the transcendental?empirical method?this resulted in a comprehensive account of the basic concepts operative in scientific endeavors.
The Encyclopedia opens up unexpected vistas within this domain, starting with an elucidation of what Dooyeweerd calls the elementary (or analogical) basic concepts of the science of law and proceeding with a scrutiny of the complex basic concepts as well as the typical concepts of law.
The first volume is not only an introduction to the Encyclopedia of the Science ofLaw, it is also a magnificent introduction to Dooyeweerd's entire philosophy. It will appeal to all scholars with a basic interest in philosophy, regardless of what discipline they are coming from. This introductory volume may turn out to become the cornerstone of the entire Collected Works of Herman Dooyeweerd.

 

D.F.M. Strauss General Editor

 


Encyclopedia of the Science of Law Vol I: Introduction
By Herman Dooyeweerd

 

Prepared by Alan M. Cameron

 

Herman Dooyeweerd is best known within Christian intellectual and scholarly circles as the author of an original system of philosophy (Philosophy of the Cosmonomic Idea). This attained its mature form in the four volume English text, A New Critique of Theoretical Thought. This philosophy is based on Dutch neo-Calvinism that emerged in the latter part of the nineteenth century, popularly known as the reformational worldview.

 

Dooyeweerd's formal scholarly training, however, was not in general philosophy but in law; he was a professor of law for nearly forty years. And it was his orientation towards philosophy of law or legal theory (jurisprudence) that ultimately led him to produce the general systematic philosophy. It would therefore not be misleading to say that the remarkably systematised and extensive philosophy of the cosmonomic idea was the byproduct of a search for answers to fundamental theoretical problems within his special field of legal study.

 

From his wrestlings with mainly neo-Kantian legal theory he came to see the need for a radically new alternative to the prevailing theories, one firmly grounded in a reformational Christian worldview. Such an alternative required a completely new systematic theoretical foundation that emerged as the philosophy of the cosmonomic idea. In the meantime, and in harmony with this development of a general philosophy, was also emerging a reformational philosophy of law, the application of the general systematic philosophy to his own specialist field. The aim of this legal philosophy was to provide an integrating theoretical framework of concepts, and a method of legal analysis for the special "science" of law.

 

Notwithstanding his warning to followers that survival of the reformational philosophy depended on scholars applying the philosophy within their special areas of academic study, Dooyeweerd's himself never managed to have published his major systematic work in legal philosophy. In fact, so pre-occupied did he become with the general systematic philosophy, and with responses both positive and negative to this and related works, that he was not even able to complete the task of bringing the jurisprudence to a state which fully reflected the mature general philosophy.

 

Nevertheless, the Encyclopedia of the Science of Law which he produced as "notes" for his students contains a still remarkably complete system of jurisprudence (philosophy of law). This first volume in the five volume set, the Introduction, is not only an introduction to the systematic legal philosophy but also an invaluable introduction to the general philosophy. More than a mere introduction, with the academic discipline of law as the model, it complements that work by providing an exemplar for applying the philosophy of the cosmonomic idea to specialised fields other than law.

 

The next volume (3) to be published in this set will be the Elementary and Complex Basic Concepts. This Introduction and the Basic Concepts provide the philosophical foundations, method, and conceptual framework of the reformational legal philosophy and are the two core volumes of the entire jurisprudential work.