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The Dialectical Path of Law (Hardcover)
Loot Price: R2,865
Discovery Miles 28 650
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The Dialectical Path of Law (Hardcover)
Expected to ship within 12 - 19 working days
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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 European and 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.
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