Over Murky Waters
摘要
This introductory chapter situates law within the finality of human existence, beginning with the Oresteia as a foundational narrative for the institution of justice. Against rationalist readings that see tragedy resolved in democratic law, the analysis emphasizes the continuing presence of change, ambiguity, conflict, and paradox. Law, the chapter argues, is never purely rational or transparent but resembles “murky waters” in which justice is always partial, contested, and provisional. Philosophical traditions, from positivism to metaphysics, have often sought to suppress this tragic dimension, reducing law to facts or abstract principles. Yet tragedy exposes law’s dependence on decision, responsibility, and the irreducible risk of injustice. By retrieving the tragic alongside art, literature, and theology, the chapter proposes an aesthetic approach to law—one that acknowledges the limits of reason, honors the necessity of “dirty hands,” and recognizes the kinship between the tragedy of Athens and Jerusalem in shaping justice as both fragile and transcendent.