The Dialectics Of Law And Politics

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.

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.

Less than 2 percent of some 4000 adults prosecuted for participating in the bloodiest ghetto revolt of this generation served any time in jail as a result of their conviction and sentencing. Why? Why, in contrast, did the majority of those arrested following a brief and minor confrontation with police in a different city receive far harsher treatment than ordinarily meted out for comparable offenses in "normal" times? What do these incidents tell us about the nature of legal repression in the American state? No coherent theory of political repression in the liberal state exists today. Neither the liberal view of repression as "anomaly" nor the radical view of repression as "fascist core" appears to come to grips with the distinctive characteristics of legal repression in the liberal state. This book attempts to arrive at a more adequate understanding of these "distinctive characteristics" by means of a detailed analysis of the legal response to the most serious violent challenge to the existing political order since the Great Depression—the black ghetto revolts between 1964 and 1968. Using police and court records, and extensive interviews with judges, defense attorneys, prosecutors, and detention officials, Professor Balbus provides a complete reconstruction of the response of the criminal courts of Los Angeles, Detroit, and Chicago to the "civil disorders" that occurred in these cities. What emerges is a disturbing picture of the relationship between court systems and participants and the local political environments in which they operate.

This volume explores the conceptual, methodological and praxeological aspects of dialectical analysis in world politics. As dialectics has remained an under-theorised analytical tool in international relations, this volume provides a critical resource for those seeking to deploy dialectics in their own research by showcasing its effectiveness for understanding and transforming world politics. Contributions demonstrate a number of innovative ways in which dialectical thinking can be of benefit to the study of world politics by covering three thematic concerns: (i) conceptual or meta-theoretical dimensions of dialectics; (ii) methodological features and general principles of dialectical approaches; and (iii) applications and/or case studies that deploy a dialectical approach to world politics. Canvassing a diverse range of dialectical approaches on key issues in world politics – from global security to postcolonial resistances, from the theoretical problems of reification and complexity, to the study of the global futures and the intercultural historical expressions of dialectics – Dialectics and World Politics offers key insights into the social forces and contradictions that are generative of transformation in world politics and yet routinely downplayed in orthodox approaches to international relations. Each chapter demonstrates how dialectics can be utilized more broadly in the discipline and deployed in a critical fashion as part of an emancipatory project. This book was originally published as a special issue of Globalizations.

This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

Translation of Mishnato ha-òhevratit òveha-medinit shel òKarl Marks.

In The Vitality of Contradiction, Bruce Gilbert provides an exposition of Hegel's political philosophy to establish not only that societies fail because of their contradictions, but also how the unsurpassable oppositions of social life cultivate freedom. He moves beyond Hegel's works to consider the limits of liberal-capitalism and the contemporary social movements around the world that stretch us beyond the global economic system. Drawing on key Hegel texts such as Phenomenology of Spirit and the Philosophy of Right, Gilbert shows how societies outgrow themselves as they come to recognize key aspects of freedom and justice. He argues that the dialectic requires that we recognize how liberal-capitalism has both cultivated freedom and yet fails to lead us to more sophisticated forms of freedom. Gilbert also highlights organizations including Brazil's Movement of Landless Workers and the Mondragon cooperative in Spain and the sophisticated ways in which they are teaching the world new and better ways to be free. Engaging and perceptive, The Vitality of Contradiction illuminates the basic principles behind Hegel's political thought and indicates the ways in which his work encourages people to strive for a form of socialist democracy.

This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

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.