Download or read book The Dialectical Path of Law written by Charles Lincoln and published by Rowman & Littlefield. This book was released on 2021-10-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Dialectics of Liberty written by Roger E. Bissell and published by Rowman & Littlefield. This book was released on 2019-06-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Total Freedom written by Chris Matthew Sciabarra and published by Penn State Press. This book was released on 2000-11-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building upon his previous books about Marx, Hayek, and Rand, Total Freedom completes what Lingua Franca has called Sciabarra’s "epic scholarly quest" to reclaim dialectics, usually associated with the Marxian left, as a methodology that can revivify libertarian thought. Part One surveys the history of dialectics from the ancient Greeks through the Austrian school of economics. Part Two investigates in detail the work of Murray Rothbard as a leading modern libertarian, in whose thought Sciabarra finds both dialectical and nondialectical elements. Ultimately, Sciabarra aims for a dialectical-libertarian synthesis, highlighting the need (not sufficiently recognized in liberalism) to think of the "totality" of interconnections in a dynamic system as the way to ensure human freedom while avoiding "totalitarianism" (such as resulted from Marxism).
Download or read book The Dialectic of Freedom written by Maxine Greene and published by Teachers College Press. This book was released on 1988 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special 2018 Edition From the new Introduction by Michelle Fine, Graduate Center, CUNY : "Why now, you may ask, should I return to a book written in 1988? Because, in Maxine's words: 'When freedom is the question, it is always time to begin.'" In The Dialectic of Freedom, Maxine Greene argues that freedom must be achieved through continuing resistance to the forces that limit, condition, determine, and—too frequently—oppress. Examining the interrelationship between freedom, possibility, and imagination in American education, Greene taps the fields of philosophy, history, educational theory, and literature in order to discuss the many struggles that have characterized Americans’ quests for freedom in the midst of what is conceived to be a free society. Accounts of the lives of women, immigrants, and minority groups highlight the ways in which Americans have gone in search of openings in their lived situations, learned to look at things as if they could be otherwise, and taken action on what they found. Greene presents a unique overview of American concepts and images of freedom from Jefferson’s time to the present. She examines the ways in which the disenfranchised have historically understood and acted on their freedom—or lack of it—in dealing with perceived and real obstacles to expression and empowerment. Strong emphasis is placed on the focal role of the arts and art experience in releasing human imagination and enabling the young to reach toward their vision of the possible. The author concludes with suggestions for approaches to teaching and learning that can provoke both educators and students to take initiatives, to transcend limits, and to pursue freedom—not in solitude, but in reciprocity with others, not in privacy, but in a public space.
Download or read book Dialectic written by Roy Bhaskar and published by Routledge. This book was released on 2008-07-02 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dialectic: The Pulse of Freedom is now widely regarded as a classic of contemporary philosophy. Written by the renowned founder of the philosophy of critical realism, first published in 1993, this book sets itself three main aims: the development of a general theory of dialectic – of which Hegelian dialectic can be seen to be a special case; the dialectical enrichment and deepening of critical realism – into the system of dialectical critical realism; and the outline of the elements of a totalizing critique of Western philosophy.
Download or read book The Emergence of Dialectical Theory written by Scott Warren and published by University of Chicago Press. This book was released on 2008-09-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scott Warren’s ambitious and enduring work sets out to resolve the ongoing identity crisis of contemporary political inquiry. In the Emergence of Dialectical Theory, Warren begins with a careful analysis of the philosophical foundations of dialectical theory in the thought of Kant, Hegel, and Marx. He then examines how the dialectic functions in the major twentieth-century philosophical movements of existentialism, phenomenology, neomarxism, and critical theory. Numerous major and minor philosophers are discussed, but the emphasis falls on two of the greatest dialectical thinkers of the previous century: Maurice Merleau-Ponty and Jürgen Habermas. Warren’s shrewd critique is indispensable to those interested in the history of social and political thought and the philosophical foundations of political theory. His work offers an alternative for those who find postmodernism to be at a philosophical impasse.
Download or read book The Dialectical Forge written by Walter Edward Young and published by Springer. This book was released on 2016-12-13 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Dialectics Dogmas and Dissent written by John Rodden and published by Penn State Press. This book was released on 2010 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Accounts of human rights violations committed from the 1950s to the 1980s by the communist dictatorship in the former German Democratic Republic (GDR)"--Provided by publisher.
Download or read book Dialectic of Nihilsm written by Gillian Rose and published by Wiley-Blackwell. This book was released on 1991-01-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fundamentally challenges the radical credentials of post-structuralism. Though Derrida, Foucault and Deleuze claim to have 'deconstructed' metaphysics, their work has much in common with previous attempts to 'end' the metaphysical tradition, from Kant to Nietzshe and Heidegger, and by sociology in general. Gillian Rose shows that this anti-metaphysical writing always appears in historically specific jurisprudential terms, which themselves found and recapitulate metaphysical categories. She reconsiders post-structuralism in this light and assesses the relationship between deconstruction and the earlier structuralism of Saussure and Levi-Strauss. She argues in conclusion that the choice between post-structuralist nihilism and Hegelian and Marxist dialectic is spurious.
Download or read book Liberia and the Dialectic of Law written by Shane Chalmers and published by Routledge. This book was released on 2018-05-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno’s dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of “Liberia”, from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to “establish a state based on the rule of law”. In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
Download or read book A Theory of Shopping written by Daniel Miller and published by John Wiley & Sons. This book was released on 2013-05-31 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of Shopping offers a highly original perspective on one of our most basic everyday activities - shopping. We commonly assume that shopping is primarily concerned with individuals and materialism. But Miller rejects this assumption and follows the surprising route of analysing shopping by means of an analogy with anthropological studies of sacrificial ritual. He argues that the act of purchasing goods is almost always linked to other social relations, and most especially those based on love and care. The ethnographic sections of the book are based on a year's study of shopping on a street in North London. This provides the basis for a sensitive description of the issues the shopper confronts when making decisions as to what to buy. Miller develops a theory to account for these observations, arguing that shopping typically consists of three major stages which reflect the three key stages of many rites of sacrifice. In both shopping and sacrifice the ultimate intention is to constitute others as desiring subjects. Finally the book examines certain historical shifts in both subjects and objects of devotion, in particular, ideals of gender and love. This treatment of shopping from the perspective of comparative anthropology represents a highly innovative approach to one of the most familiar tasks of our daily lives. Written in a clear and accessible manner, this book will be of interest to students and academics in anthropology, sociology and cultural studies, as well as anybody who wants to consider more deeply the nature of their own everyday activities.
Download or read book The Dialectics of Art written by John Molyneux and published by Haymarket Books. This book was released on 2020-08-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the question of &lquo;what is art?&rquo;, it is often simply responded that art is whatever is produced by the artist. For John Molyneux, this clearly circular answer is deeply unsatisfying. In a tour de force spanning renaissance Italy and the Dutch Republic to contemporary leading figures, The Dialectics of Art instead approaches its subject matter as a distinct field of creative human labour that emerges alongside and in opposition to the alienation and commodification brought about by capitalism. The pieces and individuals Molyneux examines — from Michelangelo’s Slaves to Rembrandts Jewish Bride to the vast drip paintings of Jackson Pollock – are presented as embodying the social contradictions of their times, giving art an inherently political relevance. In its relationship of creative and dialectical tension to prevailing social relationships and norms, such art points beyond the existing order of things, hinting at a potential future society not based on alienated labour in which creative production becomes the property and practice of all.
Download or read book Dialectics for the New Century written by B. Ollman and published by Springer. This book was released on 2008-02-27 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology contains some of the more important Marxist thinkers now working on dialectics. As a whole the book is an unusual 'Introduction to Dialectics', a systematic restatement of what it is and how to use it, a survey of most of the main debates in the field, and a good picture of the current state of the art of dialectics.
Download or read book Dialectic and Difference written by Alan Norrie and published by Routledge. This book was released on 2009-12-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dialectic and Difference is the first systematic exploration of Roy Bhaskar’s dialectical philosophy and its implications for ethics and justice. This text is essential reading for all serious students of social theory, philosophy, and legal theory.
Download or read book Hegel Marx and the Necessity and Freedom Dialectic written by Russell Rockwell and published by Springer. This book was released on 2018-04-26 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides close readings of primary texts to analyze the linkage between G.W.F. Hegel’s philosophy and Karl Marx’s critical social theory of necessity and freedom. This is important for three reasons: first, to understand the significance of the changing relationships of work, society, and critical social theory in the origins of Hegelian-Marxism in the US, as documented in the recently published correspondence between the Marxist-Humanist theoretician Raya Dunayevskaya and the critical theorist Herbert Marcuse; second, to identify the intersections of the Critical Theorists Jurgen Habermas’ and Marcuse’s influential reinterpretations of Marx’s “value theory” of economy and society that enables navigation of the changing relationships of the social and economic spheres in the last century, as developed in Marx’s Grundrisse; and, thirdly, to assess the potential of Moishe Postone’s renewal of Marx’s value theory, largely conceived by the notion of a necessity and freedom dialectic intrinsic to capitalism.
Download or read book The Dialectics of Citizenship written by Bernd Reiter and published by MSU Press. This book was released on 2013-05-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be a citizen? What impact does an active democracy have on its citizenry and why does it fail or succeed in fulfilling its promises? Most modern democracies seem unable to deliver the goods that citizens expect; many politicians seem to have given up on representing the wants and needs of those who elected them and are keener on representing themselves and their financial backers. What will it take to bring democracy back to its original promise of rule by the people? Bernd Reiter’s timely analysis reaches back to ancient Greece and the Roman Republic in search of answers. It examines the European medieval city republics, revolutionary France, and contemporary Brazil, Portugal, and Colombia. Through an innovative exploration of country cases, this study demonstrates that those who stand to lose something from true democracy tend to oppose it, making the genealogy of citizenship concurrent with that of exclusion. More often than not, exclusion leads to racialization, stigmatizing the excluded to justify their non-membership. Each case allows for different insights into the process of how citizenship is upheld and challenged. Together, the cases reveal how exclusive rights are constituted by contrasting members to non-members who in that very process become racialized others. The book provides an opportunity to understand the dynamics that weaken democracy so that they can be successfully addressed and overcome in the future.
Download or read book Friedrich Engels and the Dialectics of Nature written by Kaan Kangal and published by Springer Nature. This book was released on 2020-01-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
