The Dialectical Path of Law

Jazyk: angličtina
Rok vydání: 2021
Předmět:
promise to pay
Jungian archpytes
Supreme Court of the US
Anthropology and sociology (of law)
legal dialectcs
European Law
Hegelian
legal dialectics
law
field of law
System of Money
consumer
government
Philosophy of Law
jursiprudence
Charles Lincoln
Legal Sanctuary
Hegelian dialectics
historical
legal history
Organisation for Economic Co-operation and Development
jurispurduence
OECD
Dialectical
contract law
history
international tax law
Hegel
Wittgenstein
idea
anthropology of law
International law
Linguistic analysis
theoretical law
Godel
tax law
approach to law
corporate law
Dialectics
anthropology
debt
Memes
philosophy
Lincoln
Constitutional forms
Money
BEPS II
stare decisis
Oliver Holmes
theory of law
Risk allocation
dialectical path of law
Escher
Comparative Tax Law
US tax court
Memetic Theory
BEPS Action 4
BEPS
corporate
OECDtax law
Popis: 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.
Databáze: OpenAIRE