Anaximander's Rhythm and the Question of Justice

Law and Critique 14 (1):45-69 (2003)
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Abstract

My essay examines the oldest fragment ofWestern philosophy, the saying of Anaximander,with respect to its elucidation of justice as arhythmic process consisting of both `law' and`care'. In doing so, I proceed by giving areading of the Anaximander fragment by itself,focusing on the question of its rhythmicstructure and its determination of therelationship between dike and adikia. Thispart of the essay includes an excursus onAristotle's transformation of Anaximander'srhythm into a recognizable ethical science. Ina second part I engage the most profoundinterpretation of Anaximander, that by MartinHeidegger. Concentrating on Heidegger'sconcept of Verwindung as well as on his emphasis on theoccurrence of the notion of tisis in the Anaximander fragment, I cull fromHeidegger the central idea that dikeand tisis exist in a necessaryrelationship. In the third and final part Iattempt a provisional examination of therelation between dike and tisistodemonstrate the shortcomings of justice-as-law,with a focus on the questions of restitutionand equity as central aspects of the law. Iconclude with an appeal to an integration of`care' into the conceptual thinking aboutjustice. An addendum addresses the question oftime with respect to the Anaximanderianrhythm.

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