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A Feeling Unlike Any Other: Reaction...

Denz, Jacob.

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A Feeling Unlike Any Other: Reactionary Rhetorics of Rechtsgefuhl in Kleist, Droste-Hulshoff, and Fontane.

Record Type:	Electronic resources : Monograph/item
Title/Author:	A Feeling Unlike Any Other: Reactionary Rhetorics of Rechtsgefuhl in Kleist, Droste-Hulshoff, and Fontane./
Author:	Denz, Jacob.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2018,
Description:	334 p.
Notes:	Source: Dissertation Abstracts International, Volume: 79-12(E), Section: A.
Contained By:	Dissertation Abstracts International79-12A(E).
Subject:	German literature. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10750214
ISBN:	9780438170988

A Feeling Unlike Any Other: Reactionary Rhetorics of Rechtsgefuhl in Kleist, Droste-Hulshoff, and Fontane.
Denz, Jacob.

A Feeling Unlike Any Other: Reactionary Rhetorics of Rechtsgefuhl in Kleist, Droste-Hulshoff, and Fontane. - Ann Arbor : ProQuest Dissertations & Theses, 2018 - 334 p.

Source: Dissertation Abstracts International, Volume: 79-12(E), Section: A.

Thesis (Ph.D.)--New York University, 2018.

The Western tradition has often assumed a simple and stark opposition between feeling and the law. This dissertation considers a different version of the relationship between law and feeling denoted by the German compound noun Rechtsgefuhl. Usually translated into English as "sense of justice," in the case of Rechtsgefuhl something about the feeling itself participates in normativity on a more fundamental level than would be the case for other feelings. Such a Rechtsgefuhl would be a feeling unlike any other, its origin and status transcendental rather than empirical. This dissertation argues that the development of rhetorics of Rechtsgefuhl in literary and legal philosophical texts from around 1800 to the early years of a unified German state can be understood as a reaction to and against ubiquitous projects of legal codification that sought to establish a comprehensive and conclusive version of positive law. While the legal philosophical texts consider Rechtsgefuhl as a basis or support for positive law, the literary texts represent it as an alternative in the absence of or in conflict with external legal institutions. The deployment of Rechtsgefuhl in literary texts by Heinrich von Kleist (Die Familie Schroffenstein, Michael Kohlhaas), Annette von Droste-Hulshoff (Die Judenbuche), and Theodor Fontane (Schach von Wuthenow) constitutes a reactionary, anti-modern rhetorical strategy uniting three deeply politically conservative authors. Each holds out Rechtsgefuhl as allowing for a common measure between law and feeling, a fusion or synthesis of two usually opposed substantives. Rechtsgefuhl as alternative to or competitor with positive law promises immediacy as opposed to the mediation inherent in applying universal principles to particular cases. Nevertheless, each text also breaks this central promise to the reader, depicting Rechtsgefuhl in its failure, dissolution, and inefficacy.

ISBN: 9780438170988Subjects--Topical Terms:

699188
German literature.

A Feeling Unlike Any Other: Reactionary Rhetorics of Rechtsgefuhl in Kleist, Droste-Hulshoff, and Fontane.
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520 $a The Western tradition has often assumed a simple and stark opposition between feeling and the law. This dissertation considers a different version of the relationship between law and feeling denoted by the German compound noun Rechtsgefuhl. Usually translated into English as "sense of justice," in the case of Rechtsgefuhl something about the feeling itself participates in normativity on a more fundamental level than would be the case for other feelings. Such a Rechtsgefuhl would be a feeling unlike any other, its origin and status transcendental rather than empirical. This dissertation argues that the development of rhetorics of Rechtsgefuhl in literary and legal philosophical texts from around 1800 to the early years of a unified German state can be understood as a reaction to and against ubiquitous projects of legal codification that sought to establish a comprehensive and conclusive version of positive law. While the legal philosophical texts consider Rechtsgefuhl as a basis or support for positive law, the literary texts represent it as an alternative in the absence of or in conflict with external legal institutions. The deployment of Rechtsgefuhl in literary texts by Heinrich von Kleist (Die Familie Schroffenstein, Michael Kohlhaas), Annette von Droste-Hulshoff (Die Judenbuche), and Theodor Fontane (Schach von Wuthenow) constitutes a reactionary, anti-modern rhetorical strategy uniting three deeply politically conservative authors. Each holds out Rechtsgefuhl as allowing for a common measure between law and feeling, a fusion or synthesis of two usually opposed substantives. Rechtsgefuhl as alternative to or competitor with positive law promises immediacy as opposed to the mediation inherent in applying universal principles to particular cases. Nevertheless, each text also breaks this central promise to the reader, depicting Rechtsgefuhl in its failure, dissolution, and inefficacy.
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