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EXISTENTIAL PHILOSOPHY OF LAW Paperback – December 8, 2018

by Valeriano Diviacchi (Author)
5.0 5.0 out of 5 stars 2 ratings
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This is a contemplation of the meaning of the universal "law" in its modern sense of nonscientific law: in the universe of language discourse that results in decisions of legality and illegality. It further contemplates whether this universal can be naturalized to scientific law and seeks to determine whether such meaning and naturalization are or can be an existential philosophy of law. This contemplation will require contemplating the attributes of existentialism as they exist in plebeian lives that includes nihilism and not solely from the more popular academic patrician existentialism that excludes nihilism. Law and its decisions of legality and illegality existentially exist in the universe of normative language in the same way that mathematics and numbers exist in scientific language: decisions of legality and illegality as are numbers are as particular and as real as any bricks or stones thrown at us, yet law as is mathematics is an abstract universal. However, unlike mathematics using rationality to go from aesthetics to particular and empirical pragmatic truth, the aesthetics of the universal law becomes particular and empirical as a social construct by irrational decisions of legality and illegality with their rationality running backwards from their pragmatic truth to aesthetics. The only descriptive "is" in law consists of the pragmatic truth of the empirical execution upon law through decisions of legality and illegality. The universal law is used and is useful as a universal to describe a social construct that is an unopposed normative language with a monopoly on violence to enforce its normative statements. It is the final arbiter through violence of all morality and ethics within the social construct that created it; it is essentially an unopposed ethics with a monopoly on violence whose goal is the survival of the social construct that created it in its struggle with the universe to survive.
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  1. Print length
    313 pages
  2. Language
    English
  3. Publication date
    December 8, 2018
  4. Dimensions
    6 x 0.79 x 9 inches
  5. ISBN-10
    1790973287
  6. ISBN-13
    978-1790973286
  7. See all details
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Product details

  • Publisher ‏ : ‎ Independently published (December 8, 2018)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 313 pages
  • ISBN-10 ‏ : ‎ 1790973287
  • ISBN-13 ‏ : ‎ 978-1790973286
  • Item Weight ‏ : ‎ 9.5 ounces
  • Dimensions ‏ : ‎ 6 x 0.79 x 9 inches
  • Customer Reviews:
    5.0 5.0 out of 5 stars 2 ratings

About the author

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Valeriano Diviacchi

Valeriano Diviacchi

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The author was born in Yugoslavia in 1958. As part of the Italian Exodus of ethnic Italians escaping from communism across the border into Italy, he and his family eventually emigrated to the United States in 1963. As the first English literate member of his working class family, he was the first to graduate from high school, then served six years in the US Submarine Force, and then was the first to graduate from college at the University of Illinois at Chicago. After graduating from Harvard Law School, he practiced trial law as a solo trial attorney for 25 years and then graduated from NYU with a Masters in Interdisciplinary Studies. He is presently pursuing further graduate work in philosophy at Boston College.

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Sentinel3302
5.0 out of 5 stars Important Point: The "Existential Reality of Law May Kill" Us
Reviewed in the United States on November 1, 2021
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All nine of Diviacchi's books on philosophy are outstanding. Individually and together, they offer a profound and coherent point of view that far surpasses the pinched range of acceptable opinion in extensity, profundity, coherence, and value. In this book, Diviacchi speaks of responding creatively to law with discussion of "plebeian existentialism," nihilism, and the relationship between "morality, ethics, and law." He also mentions law's "monopoly of violence," our current plague of "moral busybodies," and the "Heart of Darkness" in us all.
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Giuseppe Madre
5.0 out of 5 stars An analyis of the nature of law in Technological Society for a non-academic audience.
Reviewed in the United States on December 14, 2018
In the finest tradition of John Austin the first modern philosopher of law, this book analyzes and argues the universal attributes of the social construct universal called "law". Unlike other philosophers of law who as lawyers and law professors try to hide its true nature as an ethics seeking a monopoly on violence, this author deals with law as it actually is not on how the Powers of the law pretend and market it. The modern world is governed by the rule of judges who make up law as necessary to enforce their personal ethics. A must read for anyone who wants to understand how law has replaced religion and all other normative social constructs as the ultimate violent power.
2 people found this helpful
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