Jurisculture. 2,
Jurisculture. 2,

Author: Gray L. Dorsey

Publisher: Transaction Publishers

Published:

Total Pages: 144

ISBN-13: 9781412827058

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This second in a definitive eight-volume work by Gray L. Dorsey explores the organization and regulation of society in traditional India in relation to prevailing beliefs about reality, knowing, and desiring. Dorsey's central concept of jurisculture sees human societies as organized and regulated by cultural processes. Human beings can cooperate only when they understand in accordance with shared meanings, desire in accordance with shared values, intend in accordance with shared purposes, and guide and limit actions in accordance with shared principles. These shared meanings, values, purposes and principles are evolved from fundamental beliefs. This second volume examines the roots of jurisculture in India, in the fundamental beliefs arising from the Vedas, Jainism, Buddhism, Carvakian materialism, the great epic poems (the "Ramayana "and the "Mahabharata), "and the six orthodox systems of Hindu philosophy. It traces the influence of these beliefs in the direction and control of the cooperative activities of society and also in individual actions .during the three millenia from 1500 B.C. to 1500 A.D., with some echoes in the modern period. Dorsey explains why India, unlike Greece or Rome, did not experience a social revolution when the basis of fundamental beliefs changed from speculative faith to rational knowledge. Because ultimate reality came to be understood as being, instead of activity, the highest good became withdrawing from society into communion with the inner self. This good could be attained only by Individual action. Society, therefore, was not as important as in the West. Indians lived in two realms of existence: the realm of soul development, and the realm of moral cause and effect. Philosophers of law, political scientists interested in the development of normative theory, and general readers who have thought of Indian culture as mystical and esoteric will find this volume of interest.

Jurisculture
Jurisculture

Author: Gray L. Dorsey

Publisher: Transaction Publishers

Published: 1988-01-01

Total Pages: 96

ISBN-13: 9781412827041

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In this first of a definitive seven-volume work to be published by Transaction, by Gray L. Dorsey, a major figure in the philos-ophy and history of law, the ancient roots of the culture of Western jurisprudence are treated. This volume explores the forma-tion and regulation of societies in early Greece and classical Rome in relation to prevailing beliefs about reality, knowing, and desiring. And while part of a series, the volume clearly stands on its own. The central question addressed in this fundamental reexamination of the organi-zation and regulation of antiquity is how, in a world in which major physical and human events are defined as in control of the gods, and with few mortals said to pos-sess such powers, did the Greeks and Ro-mans distribute decision-making powers to ensure survival and wealth? The meth-ods by which these issues are addressed is called "Jurisculture" to distinguish it from the analytical procedures of either philoso-phy or empirical social research. Jurisculture identifies sets of mean-ings that derive from premises about real-ity and human nature, and beliefs con-sidered basic in organizing and controlling that reality. This work aims at nothing less than the discovery of new interrelations between prevailing ideas of antiquity and their codification and implementation in legal institutions and principles. This volume is addressed to those people who are concerned with the wise and effective use of public discourse to ar-rive at prudent national and foreign pol-icies. Professor Dorsey discusses philosophical and social ideas, but always in the context of their implications for the prob-lems of organizing and regulating human cooperation. The emergence of the phi-losophy of law has made possible the rapid development of normative theory in the social sciences. This volume provides a powerful historical and analytical tool for this broad-sweeping development.

Law, Culture, and Values
Law, Culture, and Values

Author: Sava Alexander Vojcanin

Publisher: Transaction Publishers

Published:

Total Pages: 330

ISBN-13: 9781412827362

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This festschrift, in honor of the work of Gray L. Dorsey, covers their major areas of his lifelong commitment to the culture and jurisprudence of law in an historical and comparative, East-West context. Within his normative framework, Dorsey took account of the crisis in positivism, Marxism, and alternative conceptions of value in the law. His work emphasized intercultural conflicts in a societal and global environment without surrendering the sense of western culture and its special contributions to legal and moral thought. The volume, originally prepared as a special issue of the Washington University Law Quarterly, has the benefit of an urbane new opening essay by Professor Vojcanin, which seeks to show how jurisculture is a "treasure map one may use to unearth the holes in which justice was hidden." It also contains a special essay by Gray Dorsey to conclude the volume in which he offers his current views on the philosophy of law and social theory in general. The volume is vigorous in its analysis, and central to any serious appraisal of the status of the philosophy of international law at this stage in history. The essays by Abraham Edel, Elizabeth Flower, Harold J. Berman, and Iredell Jenkins give special attention to this theme. The chapters by Jerome Hall, Herbert H.P. Ma, and Thomas H. Fang each take up a central issue in the relationship of world religion to world law. A third set of papers--by Edward McWhinney, Palitha T.B. Kohona, and Jacob W.F. Sundberg, discuss the major sociological implications of Dorsey's type of legal theory--with figures from Karl Marx, Max Weber, and F.S.C. Northrop covered in detail. For three decades, Gray L. Dorsey has contributed to comparative legal systems, emphasizing through his novel method of reasoning--jurisculture--a synthesis of empirical investigation and legal reasoning. Dorsey's work focuses on a set of meanings derived without reference to observed events, but by the adaptation and use of fundamental beliefs to organize and govern human cooperation. Gray L. Dorsey is Charles Nagel Professor Emeritus of Jurisprudence at International Law at Washington University Law School in St. Louis. He is the author of, among other works, Beyond the United States: Changing Discourse in International Politics and Law, and Jurisculture--the first two volumes, on Greece and Rome, and on India and China are now published by Transaction Publishers--with an additional five volumes remaining to complete this massive project. He is a past president of the International Association for Philosophy of Law and Social Philosophy.

Judicial Settlement of International Disputes
Judicial Settlement of International Disputes

Author: Edward McWhinney

Publisher: BRILL

Published: 2023-11-27

Total Pages: 209

ISBN-13: 900464072X

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The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.

The Mind of Empire
The Mind of Empire

Author: Christopher A. Ford

Publisher: University Press of Kentucky

Published: 2010-05-28

Total Pages: 394

ISBN-13: 0813173779

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In the last century, no other nation has grown and transformed itself with such zeal as China. With a booming economy, a formidable military, and a rapidly expanding population, China is emerging as a twenty-first-century global superpower. China's prosperity has increased dramatically in the last two decades, propelling the nation to a prominent position in the international community. Yet China's ancient history still informs and shapes its understanding of itself in relation to the world. As a highly developed and modern nation, China is something of a paradox. Though China is an international leader in modern business and technology, its past remains a source of guiding principles for the nation's foreign policy. In The Mind of Empire: China's History and Modern Foreign Relations, Christopher A. Ford demonstrates how China's historical awareness shapes its objectives and how the resulting national consciousness continues to influence the country's policymaking. Despite its increasing prominence among modern, developed nations, China continues to seek guidance from a past characterized by Confucian notions of hierarchical political order and a "moral geography" that places China at the center of the civilized world. The Mind of Empire describes how these attitudes have clashed with traditional Western ideals of sovereignty and international law. Ford speculates about how China's legacy may continue to shape its foreign relations and offers a warning about the potential global consequences. He examines major themes in China's conception of domestic and global political order, describes key historical precedents, and outlines the remarkable continuity of China's Sinocentric stance. Expertly synthesizing historical, philosophical, religious, and cultural analysis into a cohesive study of the Chinese worldview, Ford offers revealing insights into modern China. The Mind of Empire tracks China's astonishing development within the framework of a national ideology that is intrinsically linked to the distant past. Ford's perspective is both pertinent and prescient at a time when China is expanding into new areas of power, both economically and militarily. As China's power and influence continue to grow, its reliance on ancient philosophies and political systems will shape its approach to foreign policy in idiosyncratic and, perhaps, highly problematic ways.