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The Right and the Good in Aeschylus’ Oresteia and Yael Farber’s Molora:Transitional Justice between Deontology and Teleology Cover

The Right and the Good in Aeschylus’ Oresteia and Yael Farber’s Molora:Transitional Justice between Deontology and Teleology

Open Access
|Jan 2015

Abstract

The antagonism between deontological and teleological conceptions of law can be felt throughout the field of law. It is particularly pressing, however, in the context of what is commonly referred to as ‘transitional justice’. Should the legal response to massive violence and bloodshed be primarily a deontological one, giving primacy to the right in awarding ‘each what is his’ (suum cuique) according to a given set of principles of law? Or should this response be primarily teleological in nature, with the right being subservient to the restoration of society as a higher good? Our paper investigates this issue from the perspective of a Ricoeurian reading of Aeschylus’ Oresteia and Yael Farber’s Molora, a modern play in which Aeschylus’ story is staged against the backdrop of post-apartheid South Africa. It is argued that both the Greek original and its modern adaptation confirm Ricoeur’s view of justice as a precarious balance between Kantian deontology on the one hand and Aristotelian teleology on the other.
DOI: https://doi.org/10.18352/ulr.313 | Journal eISSN: 1871-515X
Language: English
Page range: 80 - 98
Published on: Jan 30, 2015
Published by: Utrecht University School of Law
In partnership with: Paradigm Publishing Services

© 2015 Lukas van den Berge, Christiaan Caspers, published by Utrecht University School of Law
This work is licensed under the Creative Commons Attribution 4.0 License.