The Dialectical Path Of Law PDF Download
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Author | : Charles Lincoln |
Publisher | : Rowman & Littlefield |
Total Pages | : 285 |
Release | : 2021-10-13 |
Genre | : Law |
ISBN | : 179363226X |
Download The Dialectical Path of Law Book in PDF, ePub and Kindle
This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.
Author | : Xiaobo Dong |
Publisher | : Springer Nature |
Total Pages | : 141 |
Release | : 2024 |
Genre | : |
ISBN | : 9819723132 |
Download Chinese Rule of Law Path and Cultivation of Foreign-Related Rule of Law Talents Book in PDF, ePub and Kindle
Author | : Oliver Wendell Holmes |
Publisher | : Kaplan Publishing |
Total Pages | : 432 |
Release | : 2009-02-03 |
Genre | : Law |
ISBN | : 9781427799524 |
Download The Path of the Law and The Common Law Book in PDF, ePub and Kindle
Author | : Shane Chalmers |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Effectiveness and validity of law |
ISBN | : 9781138545731 |
Download Liberia and the Dialectic of Law Book in PDF, ePub and Kindle
It is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon ¿ or rather in, and through ¿ its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno¿s dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of ¿Liberia¿, from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to ¿establish a state based on the rule of law¿. In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
Author | : V.P. Salnikov |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 280 |
Release | : 2018-10-01 |
Genre | : Law |
ISBN | : 152751787X |
Download The Philosophy of Law and Legal Science Book in PDF, ePub and Kindle
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.
Author | : Oliver Wendell Holmes Jr. |
Publisher | : The Floating Press |
Total Pages | : 42 |
Release | : 2009-05-01 |
Genre | : Law |
ISBN | : 1775410579 |
Download The Path of the Law Book in PDF, ePub and Kindle
The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.
Author | : Drucilla Cornell |
Publisher | : Psychology Press |
Total Pages | : 382 |
Release | : 1991 |
Genre | : Law |
ISBN | : 9780415901635 |
Download Hegel and Legal Theory Book in PDF, ePub and Kindle
First Published in 1991. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : Henri Wald |
Publisher | : John Benjamins Publishing |
Total Pages | : 256 |
Release | : 1975-01-01 |
Genre | : Philosophy |
ISBN | : 9789060320402 |
Download Introduction to Dialectical Logic Book in PDF, ePub and Kindle
Author | : Jerome Frank |
Publisher | : Taylor & Francis |
Total Pages | : 449 |
Release | : 2017-07-12 |
Genre | : Law |
ISBN | : 135150956X |
Download Law and the Modern Mind Book in PDF, ePub and Kindle
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author | : Sven-Eric Liedman |
Publisher | : Verso Books |
Total Pages | : 768 |
Release | : 2018-05-01 |
Genre | : Biography & Autobiography |
ISBN | : 1786635070 |
Download A World to Win Book in PDF, ePub and Kindle
Epic new biography of Karl Marx for the 200th anniversary of his birth In this essential new biography—the first to give equal weight to both the work and life of Karl Marx—Sven-Eric Liedman expertly navigates the imposing, complex personality of his subject through the turbulent passages of global history. A World to Win follows Marx through childhood and student days, a difficult and sometimes tragic family life, his far-sighted journalism, and his enduring friendship and intellectual partnership with Friedrich Engels. Building on the work of previous biographers, Liedman employs a commanding knowledge of the nineteenth century to create a definitive portrait of Marx and his vast contribution to the way the world understands itself. He shines a light on Marx’s influences, explains his political and intellectual interventions, and builds on the legacy of his thought. Liedman shows how Marx’s masterpiece, Capital, illuminates the essential logic of a system that drives dizzying wealth, grinding poverty, and awesome technological innovation to this day. Compulsively readable and meticulously researched, A World to Win demonstrates that, two centuries after Marx’s birth, his work remains the bedrock for any true understanding of our political and economic condition.