The Dialectical Path of Law
Jazyk: | angličtina |
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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 |
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