Hegel and Legal Theory

Hegel and Legal Theory PDF Author: Drucilla Cornell
Publisher: Routledge
ISBN: 1317857321
Category : Philosophy
Languages : en
Pages : 382

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Book Description
The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.

Hegel and Legal Theory

Hegel and Legal Theory PDF Author: Drucilla Cornell
Publisher: Routledge
ISBN: 1317857321
Category : Philosophy
Languages : en
Pages : 382

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Book Description
The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.

Legal Philosophy from Plato to Hegel

Legal Philosophy from Plato to Hegel PDF Author: Huntington Cairns
Publisher: JHU Press
ISBN: 1421433443
Category : Philosophy
Languages : en
Pages : 564

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Book Description
Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.

Eduard Gans and the Hegelian Philosophy of Law

Eduard Gans and the Hegelian Philosophy of Law PDF Author: M.H. Hoffheimer
Publisher: Springer Science & Business Media
ISBN: 9401585237
Category : Philosophy
Languages : en
Pages : 152

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Book Description
Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx. ! Yet there is a large gap between Gans 's historical importance and the scholarship on him. Despite a renewal of interest in Gans's work on the Continent,2 Gans remains almost completely unknown to English-Ianguage scholars, and almost none ofhis work has been 3 previously translated. His Prefaces to his posthumous editions of Hegel's writings are inaccessib1e to English speakers, despite the fact that they shed important light on the authenticity of the so-called Additions to those texts. His Preface to Hegel's Philosophy ofLaw has never been translated before, while his Preface to the Philosophy of History has been omitted from reprintings 4 for generations. Moreover, the recent scholarship on the Continent has focused on Gans 's political and philosophical rather than his legal writings. There is little dis cussion in any language ofhis system oflaw, which is the focus ofthe present study. Some of the reasons for the neglect of Gans are obvious. Gans cannot be a hero for most readers today. He accepted apostasy as a means to profes sional advancement. And though more liberal than Hegel, Gans nonetheless accommodated himself to the results of the Restoration and evaded political persecution that might have kindled the sympathy of later generations.

Hegel and Law

Hegel and Law PDF Author: Michael Salter
Publisher: Routledge
ISBN:
Category : Law
Languages : en
Pages : 520

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Book Description
With a selection of essays chosen from a wide range of possible candidates this collection strikes an optimal balance between direct relevance to controversies and rigorous contributions from Hegelian scholarship with regard to Hegel and the law.

Hegel's Laws

Hegel's Laws PDF Author:
Publisher: Stanford University Press
ISBN: 0804779414
Category : Law
Languages : en
Pages : 400

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Book Description
An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.

The Laws of the Spirit

The Laws of the Spirit PDF Author: Shannon Hoff
Publisher: State University of New York Press
ISBN: 143845029X
Category : Philosophy
Languages : en
Pages : 312

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Book Description
Drawing from a variety of Hegel's writings, Shannon Hoff articulates a theory of justice that requires answering simultaneously to three irreducibly different demands: those of community, universality, and individuality. The domains of "ethicality," "legality," and "morality" correspond to these essential dimensions of human experience, and a political system that fails to give adequate recognition to any one of these will become oppressive. The commitment to legality emphasized in modern and contemporary political life, Hoff argues, systematically precludes adequate recognition of the formative cultural contexts that Hegel identifies under the name of "ethical life" and of singular experiences of moral duty, or conscience. Countering the perception of Hegel as a conservative political thinker and engaging broadly with contemporary work in liberalism, critical theory, and feminism, Hoff focuses on these themes of ethicality and conscience to consider how modern liberal politics must be transformed if it is to accommodate these essential dimensions of human life.

The Founding Act of Modern Ethical Life

The Founding Act of Modern Ethical Life PDF Author: Ido Geiger
Publisher: Stanford University Press
ISBN: 9780804754248
Category : Philosophy
Languages : en
Pages : 214

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Book Description
It is well known that Hegel conceives of history as the gradual process of rational thought and of forms of political life. But he is usually thought to place himself at the end of this process. This book argues that an essential part of Hegel's historical-political thinking has escaped the notice of its interpreters.

The Actual and the Rational

The Actual and the Rational PDF Author: Jean-François Kervégan
Publisher: University of Chicago Press
ISBN: 022602394X
Category : Philosophy
Languages : en
Pages : 419

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Book Description
One of Hegel’s most controversial and confounding claims is that “the real is rational and the rational is real.” In this book, one of the world’s leading scholars of Hegel, Jean-François Kervégan, offers a thorough analysis and explanation of that claim, along the way delivering a compelling account of modern social, political, and ethical life. ?Kervégan begins with Hegel’s term “objective spirit,” the public manifestation of our deepest commitments, the binding norms that shape our existence as subjects and agents. He examines objective spirit in three realms: the notion of right, the theory of society, and the state. In conversation with Tocqueville and other theorists of democracy, whether in the Anglophone world or in Europe, Kervégan shows how Hegel—often associated with grand metaphysical ideas—actually had a specific conception of civil society and the state. In Hegel’s view, public institutions represent the fulfillment of deep subjective needs—and in that sense, demonstrate that the real is the rational, because what surrounds us is the product of our collective mindedness. This groundbreaking analysis will guide the study of Hegel and nineteenth-century political thought for years to come.

Hegel's Theory of Responsibility

Hegel's Theory of Responsibility PDF Author: Mark Alznauer
Publisher: Cambridge University Press
ISBN: 1107078121
Category : Philosophy
Languages : en
Pages : 229

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Book Description
The first book-length treatment of a central concept in Hegel's practical philosophy - the theory of responsibility. This theory is both original and radical in its emphasis on the role and importance of social and historical conditions as a context for our actions.

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.