The Dialectical Path of Law

The Dialectical Path of Law PDF Author: Charles Lincoln
Publisher: Rowman & Littlefield
ISBN: 179363226X
Category : Law
Languages : en
Pages : 285

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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.

The Dialectical Path of Law

The Dialectical Path of Law PDF Author: Charles Lincoln
Publisher: Rowman & Littlefield
ISBN: 179363226X
Category : Law
Languages : en
Pages : 285

Get Book Here

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.

Dialectics of Human Nature in Marx's Philosophy

Dialectics of Human Nature in Marx's Philosophy PDF Author: M. Tabak
Publisher: Springer
ISBN: 1137043148
Category : Political Science
Languages : en
Pages : 337

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Book Description
A scholarly exploration of Marx's thought without any favorable or critical ideological agendas, this book opposes the compartmentalization of Marx's thought into various competing doctrines, such as historical materialism, dialectical materialism, and different forms of economic determinism.

The Dialectics of Liberty

The Dialectics of Liberty PDF Author: Roger E. Bissell
Publisher: Rowman & Littlefield
ISBN: 1498592104
Category : Political Science
Languages : en
Pages : 377

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Book Description
This collection of essays explores the ways in which the defense of liberty can be bolstered by use of a dialectical method—that is, a mode of analysis devoted to grasping the full context of philosophical, cultural, and social factors requisite to the sustenance of human freedom. Its strength lies in the variety of disciplines and perspectives represented by contributors who apply explicitly dialectical tools to a classical liberal / libertarian analysis of social and cultural issues. In its conjoining of a dialectical method, typically associated with the socialist left, to a defense of individual liberty, typically associated with the libertarian right, this anthology challenges contemporary attitudes on both ends of the political spectrum. Though this conjunction of dialectics and liberty has been explored before in several works, including a trilogy of books written by one of our coeditors (Chris Matthew Sciabarra), this volume will be the first one of its kind to bring together accomplished scholars in political science, economics, philosophy, aesthetics, psychology, law, history, education, and rhetoric.

An Introduction to Dialectics

An Introduction to Dialectics PDF Author: Theodor W. Adorno
Publisher: John Wiley & Sons
ISBN: 0745679439
Category : Philosophy
Languages : en
Pages : 348

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Book Description
This volume comprises Adorno's first lectures specifically dedicated to the subject of the dialectic, a concept which has been key to philosophical debate since classical times. While discussing connections with Plato and Kant, Adorno concentrates on the most systematic development of the dialectic in Hegel's philosophy, and its relationship to Marx, as well as elaborating his own conception of dialectical thinking as a critical response to this tradition. Delivered in the summer semester of 1958, these lectures allow Adorno to explore and probe the significant difficulties and challenges this way of thinking posed within the cultural and intellectual context of the post-war period. In this connection he develops the thesis of a complementary relationship between positivist or functionalist approaches, particularly in the social sciences, as well as calling for the renewal of ontological and metaphysical modes of thought which attempt to transcend the abstractness of modern social experience by appeal to regressive philosophical categories. While providing an account of many central themes of Hegelian thought, he also alludes to a whole range of other philosophical, literary and artistic figures of central importance to his conception of critical theory, notably Walter Benjamin and the idea of a constellation of concepts as the model for an 'open or fractured dialectic' beyond the constraints of method and system. These lectures are seasoned with lively anecdotes and personal recollections which allow the reader to glimpse what has been described as the 'workshop' of Adorno's thought. As such, they provide an ideal entry point for all students and scholars in the humanities and social sciences who are interested in Adorno's work as well as those seeking to understand the nature of dialectical thinking.

Reading Hegel

Reading Hegel PDF Author: Georg Wilhelm Friedrich Hegel
Publisher: re.press
ISBN: 0980666589
Category : Electronic books
Languages : en
Pages : 275

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Book Description
This book incorporates seven 'Introductions' that Hegel wrote for each of his major works: the Phenomenology, Logic, Philosophy of Right, History, Fine Art, Religion and History of Philosophy, and includes an Introduction and Epilogue by the Editors, serving to introduce Hegel to the reader and to situate him and his works into their wider context.

The Dialectics of the Abstract and the Concrete in Marx's Capital

The Dialectics of the Abstract and the Concrete in Marx's Capital PDF Author: E. V. Ilyenkov
Publisher: Aakar Books
ISBN: 9788189833381
Category : Capital
Languages : en
Pages : 300

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Book Description
The book presents an integral Marxist conception of the dialectics and methodology of scientific theoretical cognition, of the dialectical interrelation between the abstract and the concrete, of the unity of the historical and the logical, of the correlat

Dialectical Materialism

Dialectical Materialism PDF Author: Maurice Cornforth
Publisher:
ISBN:
Category : Communism
Languages : en
Pages : 126

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Book Description


Philosophical Dialectics

Philosophical Dialectics PDF Author: Nicholas Rescher
Publisher: State University of New York Press
ISBN: 0791481816
Category : Philosophy
Languages : en
Pages : 130

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Book Description
While the pursuit of philosophy "of" studies—of science, of art, of politics—has blossomed, the philosophy of philosophy remains a comparatively neglected domain. In this book, Nicholas Rescher fills this gap by offering a study in methodology aimed at providing a clear view of the scope and limits of philosophical inquiry. He argues that philosophy's inability to resolve all of the problems of the field does not preclude the prospect of achieving a satisfactory resolution of many or even most of them.

The Monstrosity of Christ

The Monstrosity of Christ PDF Author: Slavoj Zizek
Publisher: MIT Press
ISBN: 0262265818
Category : Philosophy
Languages : en
Pages : 321

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Book Description
A militant Marxist atheist and a “Radical Orthodox” Christian theologian square off on everything from the meaning of theology and Christ to the war machine of corporate mafia. “What matters is not so much that Žižek is endorsing a demythologized, disenchanted Christianity without transcendence, as that he is offering in the end (despite what he sometimes claims) a heterodox version of Christian belief.”—John Milbank “To put it even more bluntly, my claim is that it is Milbank who is effectively guilty of heterodoxy, ultimately of a regression to paganism: in my atheism, I am more Christian than Milbank.”—Slavoj Žižek In this corner, philosopher Slavoj Žižek, a militant atheist who represents the critical-materialist stance against religion's illusions; in the other corner, “Radical Orthodox” theologian John Milbank, an influential and provocative thinker who argues that theology is the only foundation upon which knowledge, politics, and ethics can stand. In The Monstrosity of Christ, Žižek and Milbank go head to head for three rounds, employing an impressive arsenal of moves to advance their positions and press their respective advantages. By the closing bell, they have not only proven themselves worthy adversaries, they have shown that faith and reason are not simply and intractably opposed. Žižek has long been interested in the emancipatory potential offered by Christian theology. And Milbank, seeing global capitalism as the new century's greatest ethical challenge, has pushed his own ontology in more political and materialist directions. Their debate in The Monstrosity of Christ concerns the future of religion, secularity, and political hope in light of a monsterful event—God becoming human. For the first time since Žižek's turn toward theology, we have a true debate between an atheist and a theologian about the very meaning of theology, Christ, the Church, the Holy Ghost, Universality, and the foundations of logic. The result goes far beyond the popularized atheist/theist point/counterpoint of recent books by Christopher Hitchens, Richard Dawkins, and others. Žižek begins, and Milbank answers, countering dialectics with “paradox.” The debate centers on the nature of and relation between paradox and parallax, between analogy and dialectics, between transcendent glory and liberation. Slavoj Žižek is a philosopher and cultural critic. He has published over thirty books, including Looking Awry, The Puppet and the Dwarf, and The Parallax View (these three published by the MIT Press). John Milbank is an influential Christian theologian and the author of Theology and Social Theory: Beyond Secular Reason and other books. Creston Davis, who conceived of this encounter, studied under both Žižek and Milbank.

Valences of the Dialectic

Valences of the Dialectic PDF Author: Fredric Jameson
Publisher: National Geographic Books
ISBN: 1844674630
Category : Philosophy
Languages : en
Pages : 0

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Book Description
After half a century exploring dialectical thought, renowned cultural critic Fredric Jameson presents a comprehensive study of a misunderstood yet vital strain in Western philosophy. The dialectic, the concept of the evolution of an idea through conflicts arising from its inherent contradictions, transformed two centuries of Western philosophy. To Hegel, who dominated nineteenth-century thought, it was a metaphysical system. In the works of Marx, the dialectic became a tool for materialist historical analysis. Jameson brings a theoretical scrutiny to bear on the questions that have arisen in the history of this philosophical tradition, contextualizing the debate in terms of commodification and globalization, and with reference to thinkers such as Rousseau, Lukács, Heidegger, Sartre, Derrida, and Althusser. Through rigorous, erudite examination, Valences of the Dialectic charts a movement toward the innovation of a “spatial” dialectic. Jameson presents a new synthesis of thought that revitalizes dialectical thinking for the twenty-first century.