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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.
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.
Author: Geoffrey Samuel
Publisher: Edward Elgar Publishing
ISBN: 1784712612
Category : Law
Languages : en
Pages : 374
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Book Description
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Author: Henri Wald
Publisher: John Benjamins Publishing
ISBN: 9789060320402
Category : Philosophy
Languages : en
Pages : 256
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Book Description
Author: Kaan Kangal
Publisher: Springer Nature
ISBN: 3030343359
Category : Philosophy
Languages : en
Pages : 224
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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: Clark Butler
Publisher: Prometheus Books
ISBN: 9781616144906
Category : Dialectic
Languages : en
Pages : 276
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Book Description
Author: Chaim N. Saiman
Publisher: Princeton University Press
ISBN: 0691210853
Category : Philosophy
Languages : en
Pages : 312
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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: Walter Edward Young
Publisher: Springer
ISBN: 3319255223
Category : Philosophy
Languages : en
Pages : 651
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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: Xiaobo Dong
Publisher: Springer Nature
ISBN: 9819723132
Category : Electronic books
Languages : en
Pages : 141
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Book Description
Author: Sven-Eric Liedman
Publisher: Verso Books
ISBN: 1786635046
Category : Biography & Autobiography
Languages : en
Pages : 785
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Book Description
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.
Author: P.I. Stuchka
Publisher: Routledge
ISBN: 1317460006
Category : Political Science
Languages : en
Pages : 315
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Book Description
The Latvian-born legal theorist P.I. Stuchka (1865-1932), generally recognized as one of the principal architects of modern Soviet legal theory and the Soviet legal system itself, was a prodigious author and editor. Twenty essays by Stuchka written between 1917 and 1931 were selected for translation
