The Dialectical Path of Law

The Dialectical Path of Law

Author: Charles Lincoln

Publisher: Rowman & Littlefield

Published: 2021-10-13

Total Pages: 285

ISBN-13: 179363226X

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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 Method of Nāgārjuna

The Dialectical Method of Nāgārjuna

Author: Nāgārjuna

Publisher: Motilal Banarsidass Publ.

Published: 1986

Total Pages: 156

ISBN-13: 9788120802155

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Lost in India, this text was fortunately discovered by Rahula Sankrtyayana in a Tibetan monastery.


Dance of the Dialectic

Dance of the Dialectic

Author: Bertell Ollman

Publisher: University of Illinois Press

Published: 2003

Total Pages: 252

ISBN-13: 9780252071188

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Bertell Ollman has been hailed as "this country's leading authority on dialectics and Marx's method" by Paul Sweezy, the editor of Monthly Review and dean of America's Marx scholars. In this book Ollman offers a thorough analysis of Marx's use of dialectical method. Marx made extremely creative use of dialectical method to analyze the origins, operation, and direction of capitalism. Unfortunately, his promised book on method was never written, so that readers wishing to understand and evaluate Marx's theories, or to revise or use them, have had to proceed without a clear grasp of the dialectic in which the theories are framed. The result has been more disagreement over "what Marx really meant" than over the writings of any other major thinker. In putting Marx's philosophy of internal relations and his use of the process of abstraction--two little-studied aspects of dialectics--at the center of this account, Ollman provides a version of Marx's method that is at once systematic, scholarly, clear and eminently useful. Ollman not only sheds important new light on what Marx really meant in his varied theoretical pronouncements, but in carefully laying out the steps in Marx's method makes it possible for a reader to put the dialectic to work in his or her own research. He also convincingly argues the case for why social scientists and humanists as well as philosophers should want to do so.


The Cambridge Companion to Hegel

The Cambridge Companion to Hegel

Author: Frederick C. Beiser

Publisher: Cambridge University Press

Published: 1993-01-29

Total Pages: 530

ISBN-13: 1139824953

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Few thinkers are more controversial in the history of philosophy than Hegel. He has been dismissed as a charlatan and obscurantist, but also praised as one of the greatest thinkers in modern philosophy. No one interested in philosophy can afford to ignore him. This volume considers all the major aspects of Hegel's work: epistemology, logic, ethics, political philosophy, aesthetics, philosophy of history, philosophy of religion. Special attention is devoted to problems in the interpretation of Hegel: the unity of the Phenomenology of Spirit; the value of the dialectical method; the status of his logic; the nature of his politics. A final group of chapters treats Hegel's complex historical legacy: the development of Hegelianism and its growth into a left and right-wing school; the relation of Hegel and Marx; and the subtle connections between Hegel and contemporary analytic philosophy.


The Development of Dialectic from Plato to Aristotle

The Development of Dialectic from Plato to Aristotle

Author: Jakob Leth Fink

Publisher: Cambridge University Press

Published: 2012-11-01

Total Pages: 365

ISBN-13: 1139789287

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The period from Plato's birth to Aristotle's death (427–322 BC) is one of the most influential and formative in the history of Western philosophy. The developments of logic, metaphysics, epistemology, ethics and science in this period have been investigated, controversies have arisen and many new theories have been produced. But this is the first book to give detailed scholarly attention to the development of dialectic during this decisive period. It includes chapters on topics such as: dialectic as interpersonal debate between a questioner and a respondent; dialectic and the dialogue form; dialectical methodology; the dialectical context of certain forms of arguments; the role of the respondent in guaranteeing good argument; dialectic and presentation of knowledge; the interrelations between written dialogues and spoken dialectic; and definition, induction and refutation from Plato to Aristotle. The book contributes to the history of philosophy and also to the contemporary debate about what philosophy is.


The Dialectical Biologist

The Dialectical Biologist

Author: Richard Levins

Publisher: Harvard University Press

Published: 1987-03-15

Total Pages: 322

ISBN-13: 0674255313

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Scientists act within a social context and from a philosophical perspective that is inherently political. Whether they realize it or not, scientists always choose sides. The Dialectical Biologist explores this political nature of scientific inquiry, advancing its argument within the framework of Marxist dialectic. These essays stress the concepts of continual change and codetermination between organism and environment, part and whole, structure and process, science and politics. Throughout, this book questions our accepted definitions and biases, showing the self-reflective nature of scientific activity within society.


Hegel's Logic

Hegel's Logic

Author: Clark Butler

Publisher: Northwestern University Press

Published: 1996-12-18

Total Pages: 376

ISBN-13: 9780810114265

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Clark Butler presents an innovative analysis of Hegel's most challenging work in Hegel's Logic—the first major English-language treatment of Hegel's Science of Logic to appear in nearly fifteen years. Although earlier commentators on the Logic have considered standard analytical philosophy-and with it modern logic-in opposition to Hegel. Butler views it as a legitimate approach in terms of which Hegel needs to be understood. This interpretation allows him to address the rigor of Hegel's thought on several levels as at once an exercise in purely conceptual redefinition and a full-bodied work in metaphysical ontology and even theology. The result is an account of the Logic intelligible to analytical philosophers as well as non-specialists.


How Language Informs Mathematics

How Language Informs Mathematics

Author: Dirk Damsma

Publisher: BRILL

Published: 2019-11-11

Total Pages: 226

ISBN-13: 9004395490

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In How Language Informs Mathematics Dirk Damsma shows how Hegel’s and Marx’s systematic dialectical analysis of mathematical and economic language helps us understand the structure and nature of mathematical and capitalist systems. More importantly, Damsma shows how knowledge of the latter can inform model assumptions and help improve models. His book provides a blueprint for an approach to economic model building that does away with arbitrarily chosen assumptions and is sensitive to the institutional structures of capitalism. In light of the failure of mainstream economics to understand systemic failures like the financial crisis and given the arbitrary character of most assumptions in mainstream models, such an approach is desperately needed.


Reading Hegel

Reading Hegel

Author: Georg Wilhelm Friedrich Hegel

Publisher: re.press

Published: 2008

Total Pages: 275

ISBN-13: 0980666589

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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.