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Author: Charles Lincoln Publisher: Rowman & Littlefield ISBN: 179363226X Category : Law Languages : en Pages : 285
Book Description
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: Charles Lincoln Publisher: Rowman & Littlefield ISBN: 179363226X Category : Law Languages : en Pages : 285
Book Description
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: Kaan Kangal Publisher: Springer Nature ISBN: 3030343359 Category : Philosophy Languages : en Pages : 224
Book Description
Reading different or controversial intentions into Marx and Engels’ works has been a common but somewhat unquestioned practice in the history of Marxist scholarship. Engels’ Dialectics of Nature, a torso for some and a great book for others, is a case in point. The entire Engels debate separates into two opposite views: Engels the contaminator of Marx’s “new materialism” vs. Engels the self-educated genius of dialectical materialism. What Engels, unlike Marx, has not enjoyed so far is a critical reading that considers the relationship between different layers of this standard text: authorial, textual, editorial, and interpretational. Informed by a historical hermeneutic, this book questions the elements that structure the debate on the Dialectics of Nature. It analyzes different political and philosophical functions attached to Engels’ text, and relocates the meaning of the term “dialectics” into a more precise context. Arguing that Engels’ dialectics is less complete than we usually think it is but that he achieved more than most scholars would like to admit, this book fully documents and critically analyzes Engels’ intentions and concerns in the Dialectics of Nature, the process of writing, and its reception and edition history in order to reconstruct the solved and unsolved philosophical problems in this unfinished work.
Author: Chaim N. Saiman Publisher: Princeton University Press ISBN: 0691210853 Category : Philosophy Languages : en Pages : 312
Book Description
How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.
Author: Deng Xiaomang Publisher: Routledge ISBN: 100054740X Category : Philosophy Languages : en Pages : 165
Book Description
This volume explores the unity of logic, epistemology and ontology in Hegel's dialectic and the interrelation among the three, thereby revealing the internal features of Hegel's dialectic as well as the connection and divergence between Hegel's and Marx's philosophical thought. As the final volume of a three-volume set that gives insights into Hegel's dialectic and his overall philosophical thought, the book analyzes Hegel's dialectic as "a unity of three." As logic, it transcends language and is therefore epistemology; as epistemology, it transcends theory and is therefore ontology; as ontology, it transcends existing things and is therefore logic. Hegel's dialectic thus demonstrates itself as the revolutionary development of each of these three fields in the history of Western philosophy. The principle of the agreement of logic with history thereby expressed immediately becomes one of the most important philosophical sources of inspiration for Marx's historical materialism. A more profound understanding of Hegel's philosophy will therefore deepen our understanding of the philosophy of Marxism. The title will appeal to scholars and students interested in Hegel's and Marx's philosophy, German classical philosophy and Western philosophy.
Author: Walter Edward Young Publisher: Springer ISBN: 3319255223 Category : Philosophy Languages : en Pages : 651
Book Description
The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.
Author: Thomas McEvilley Publisher: Simon and Schuster ISBN: 1581159331 Category : Art Languages : en Pages : 1015
Book Description
Spanning thirty years of intensive research, this book proves what many scholars could not explain: that today’s Western world must be considered the product of both Greek and Indian thought—Western and Eastern philosophies. Thomas McEvilley explores how trade, imperialism, and migration currents allowed cultural philosophies to intermingle freely throughout India, Egypt, Greece, and the ancient Near East. This groundbreaking reference will stir relentless debate among philosophers, art historians, and students.
Author: Scott Veitch Publisher: Routledge ISBN: 1317749200 Category : Law Languages : en Pages : 363
Book Description
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third contains advanced topics. Every chapter in the book gives guidance on further reading. Accessible, interdisciplinary and socially informed, this book has been revised to take into account the latest developments in jurisprudential scholarship.
Author: Uwe Kischel Publisher: Oxford University Press ISBN: 0192508873 Category : Law Languages : en Pages : 1099
Book Description
Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.
Author: Charles Lincoln
Author: Charles Lincoln
Author: Roscoe Pound
Author: Kaan Kangal
Author: Chaim N. Saiman
Author: Henri Wald
Author: Deng Xiaomang
Author: Walter Edward Young
Author: Thomas McEvilley
Author: Scott Veitch
Author: Uwe Kischel