Tragic Choice as a Legal Concept

Archiv für Rechts-und Sozialphilosophie, Beiheft 119, 2010

16 Pages Posted: 26 Mar 2011 Last revised: 18 Jul 2011

See all articles by Iris van Domselaar

Iris van Domselaar

Amsterdam Law School, University of Amsterdam

Date Written: 2009

Abstract

Although tragic choices are a common phenomenon in human experience, dominant conceptions of legal reasoning in Western constitutional democracies do not account for the tragic character of legal choices. These conceptions are therefore highly reassuring both for the legal system as a whole as well as for the legal agents concerned.

In this paper it is argued that conceptions of legal reasoning should make room for the concept of tragic legal choice. In order to grasp the substantial bearing of this claim, the main characteristics of the concept of a tragic legal choice will also be fleshed out.

Keywords: tragedy and law, moral dilemmas, tragic choice, hard cases, plurality of values, legal reasoning

Suggested Citation

van Domselaar, Iris, Tragic Choice as a Legal Concept (2009). Archiv für Rechts-und Sozialphilosophie, Beiheft 119, 2010, Available at SSRN: https://ssrn.com/abstract=1792725

Iris Van Domselaar (Contact Author)

Amsterdam Law School, University of Amsterdam ( email )

Amsterdam, 1018 WB
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/i.vandomselaar/

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