The Dialectical Path Of Law
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The Dialectical Path Of Law
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Author : Charles Lincoln
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-10-13
The Dialectical Path Of Law written by Charles Lincoln and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-13 with Law categories.
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.
The Path Of The Law
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Author : Oliver Wendell Holmes, Jr.
language : en
Publisher:
Release Date : 2011-04-01
The Path Of The Law written by Oliver Wendell Holmes, Jr. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-01 with Law categories.
Building on the pragmatic conception of law he introduced in his 1881 book 'The Common Law, ' Oliver Wendell Holmes, Jr. -- by 1897 a jurist on Massachusetts' highest court and soon to be an Associate Justice of the U.S. Supreme Court -- explored the limits and sources of law, as well as "the forces which determine its content and growth." This presentation is seen as laying down the gauntlet to legal scholars and judges in what would be known as the emerging "legal realism" movement. Later legal thinkers like Pound, Llewellyn and Douglas followed his lead, and that lead is seen most clearly in this essay. By the time of this pithy and accessible writing, Holmes had crystallized and clarified that conception of law which he had, in introducing his earlier book, described in the famous statement "the life of the law is not logic: it is experience." Taking that observation to the next level, this essay made it clear that judges make law, not simply finding it in books -- and they must draw on practical effects and ends in declaring legal rules, not simply reasoning from precedent. He does not hedge: it is a "fallacy" to think that "the only force at work in the development of the law is logic." More controversially, this essay makes a powerful distinction between law and morality. Law is more about what judges do, and how people react to that, than some lofty sense of ethics, he suggests. But is his figure of the "bad man" a hero or a cautionary tale? A realistic way to look at law and social control...or a precursor to Hitler and Stalin?
The Philosophy Of Law And Legal Science
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Author : V.P. Salnikov
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-10-01
The Philosophy Of Law And Legal Science written by V.P. Salnikov and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-01 with Law categories.
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.
The Path Of The Law And Its Influence
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Author : Steven J. Burton
language : en
Publisher: Cambridge University Press
Release Date : 2000-05-18
The Path Of The Law And Its Influence written by Steven J. Burton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-18 with Philosophy categories.
Oliver Wendell Holmes, Jr. (1841-1935) is, arguably the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. The book will be of interest to professionals and students in the philosophy, history, economics, and sociology of law.
Chinese Rule Of Law Path And Cultivation Of Foreign Related Rule Of Law Talents
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Author : Dong
language : en
Publisher: Springer Nature
Release Date : 2024
Chinese Rule Of Law Path And Cultivation Of Foreign Related Rule Of Law Talents written by Dong and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.
Law S Trace From Hegel To Derrida
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Author : Catherine Kellogg
language : en
Publisher: Routledge
Release Date : 2009-12-04
Law S Trace From Hegel To Derrida written by Catherine Kellogg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-04 with Law categories.
Law's Trace argues for the political importance of deconstruction by taking Derrida’s reading of Hegel as its point of departure. While it is well established that seemingly neutral and inclusive legal and political categories and representations are always, in fact, partial and exclusive, among Derrida’s most potent arguments was that the exclusions at work in every representation are not accidental but constitutive. Indeed, one of the most significant ways that modern philosophy appears to having completed its task of accounting for everything is by claiming that its foundational concepts – representation, democracy, justice, and so on – are what will have always been. They display what Derrida has called a "fabulous retroactivity." This means that such forms of political life as liberal constitutional democracy, capitalism, the rule of law, or even the private nuclear family, appear to be the inevitable consequence of human development. Hegel’s thought is central to the argument of this book for this reason: the logic of this fabulous retroactivity was articulated most decisively for the modern era by the powerful idea of the Aufhebung – the temporal structure of the always-already. Deconstruction reveals the exclusions at work in the foundational political concepts of modernity by ‘re-tracing’ the path of their creation, revealing the ‘always-already’ at work in that path. Every representation, knowledge or law is more uncertain than it seems, and the central argument of Law's Trace is that they are, therefore, always potential sites for political struggle.
Logical Models Of Legal Argumentation
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Author : H. Prakken
language : en
Publisher: Springer
Release Date : 2012-10-29
Logical Models Of Legal Argumentation written by H. Prakken and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-29 with Law categories.
In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.
Hegel And Legal Theory
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Author : Drucilla Cornell
language : en
Publisher: Psychology Press
Release Date : 1991
Hegel And Legal Theory written by Drucilla Cornell and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
First Published in 1991. Routledge is an imprint of Taylor & Francis, an informa company.
The Path Of The Law And The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: Kaplan Publishing
Release Date : 2009-02-03
The Path Of The Law And The Common Law written by Oliver Wendell Holmes and has been published by Kaplan Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-03 with Law categories.
A Treatise Of Legal Philosophy And General Jurisprudence
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Author : Gerald J. Postema
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-08-05
A Treatise Of Legal Philosophy And General Jurisprudence written by Gerald J. Postema and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-05 with Philosophy categories.
Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.