The Concept of Tension between Law and Pre-Reflexive Freedom
Articles
Marijus Dingilevskis
Vilnius University; Edinburgh University
Published 2024-01-09
https://doi.org/10.15388/Teise.2023.129.2
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Keywords

pre-reflexive freedom
consciousness
phenomenology of law
spontaneous freedom
reflexive freedom

How to Cite

Dingilevskis, M. (2024) “The Concept of Tension between Law and Pre-Reflexive Freedom”, Teisė, 129, pp. 26–39. doi:10.15388/Teise.2023.129.2.

Abstract

By using the method of phenomenological analysis, the article analyses the relationship between pre-reflexive freedom (spontaneous, impulsive, emotional), which is contrasted with reflexive freedom (reason-based), and Law. This relationship is understood in the article as a tension that arises from the movement of pre-reflexive consciousness towards reflexive consciousness. The author also provides examples of legal issues that are affected by this understanding of the relationship between Law and freedom.

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