Critique of the Phenomenology of the Political and Juridical

Abstract

The aim of this paper is to reveal the role of the political and juridical within the flow of motion conceptually. For this purpose, the function of the phenomenological approach in the illustration of the political and juridical will be determined. Within this frame the paper attempts to illustrate the dimensions of present phenomena by emphasizing the relations and differences between the political and juridical. İf the political as it is the focus of objection is source to uncertain human action, it must always place the juridical in the universal. Regimes’ claims of objectification versus its renouncers’ arguments of universality (to apply to the juridical, human rights, humanity) constitute the unique’s and universal’s scene. Scenes, wherein every universality retains a singularity and every singularity retains a universality are also scenes of the political. In the light of these arguments the paper explains the differentiation of the political and juridical with respect their phenomenal and phenomenological character in the framework of the components identification and difference. It tries to show that periods of wide turbulence (the age of transition) disrupt the “normal” order of the identification and difference principles. For this reason the ascendancy between the positions of universality and particularity are replaced by ascendancy through weapons. The components of universality and particularity in the formation of identity depending on identification makes it difficult to retract freedom from obligation therefore limiting the movement of the individual. This paper displays within the framework of these matters of fact, the importance of the critique of the phenomenology of freedom.

Keywords

• Justice
• Freedom(liberty)
• Political
• Juridical
• Phenomenology
• Critique