A Flusserian Perspective on Legal Due Process
This essay is an inquiry into the nature of due process from the standpoint of Vilém Flusser’s philosophy of language. It expands on his distinction between dialogue and discourse to consider that a fruitful realization of due process is contingent upon relational patterns that enable the pursuit of a commitment to truthfulness. It incorporates concepts from Franz Rosenzweig, and Arnold Gehlen’s and Martin Buber’s anthropological philosophy to qualify this commitment, the relational patterns which can realize its pursuit, and how they constrain judicial utterances. This supports a phenomenology of due process that considers its nature twofold, both dialogical and discursive.
Legal Due Process (PDF 194.88 KB)