Hegel and Law

ISBN-13: 9780754620921 / Angielski / Twarda / 2002 / 504 str.

Michael Salter

Opis

This work brings together a collection of essays on the contemporary relevance of, and outstanding issues in, Hegel's legal theory. Particular attention is paid to the different parts of the legal curriculum which Hegelian analysis could contribute to in a positive manner.

Recenzje

'This collection should be essential reading for everyone interested in legal and constitutional theory. Michael Salter and his authors have succeeded in showing that Hegel, through his contemporary interpreters, continues to play a relevant and controversial role in a wide range of scholarly debates, from the critique of liberalism and rights, to gender issues.' Professor Bill Bowring, London Metropolitan University, UK

Spis treści

Contents: Hegel After Marxism? Locating Hegelian Legal Theory in Both its Historical and Contemporary Contexts: Hegel's politico-legal philosophy: a re-evaluation, Edgar Bodenheimer; Hegel's philosophy of right and Marx's critique: a reassessment, Robert Fine; Hegel, Marx and the concept of immanent critique, Andrew Buchwalter. Hegel and Common Law: a Rationale for Property and Contractual Rights: The common law according to Hegel, William N R. Lucy; Obligation, contract and exchange: on the significance of Hegel's abstract right, Seyla Benhabib; Hegel and the autonomy of contract law, Chad McCracken; Hegel and the social dynamics of property law, M.G. Salter. Individual Rights within a Liberal Constitutional Framework: a Necessary but Insufficient Basis for Organizing a Rational State: Hegel's ambiguous legacy for modern liberalism, Charles Taylor; Hegel's critique of liberal theories of rights, Peter G. Stillman; Towards a critical theory of constitutional law: Hegel's contribution, Michael Salter and Julia J.A. Shaw. Hegelian Legal Theory in the Context of Law and Economics, Schmittian and Habermasian Jurisprudence: Toward a more 'just' economics of justice - a review essay, Gary Minda; Rethinking politics: Carl Schmitt vs. Hegel, Richard Dien Winfield. Hegelianism, Gender-Roles and Feminist Legal and Political Theory: On Hegel, women and irony, Seyla Benhabib; Persons and available identities: gender in Hegel's philosophy of law, Valerie Kerruish; Hegel's Antigone, Patricia Jagentowicz Mills. Law and Punishment: the Continuing Tension Between the Duty to Obey Positive Laws and Various Conceptions of 'Natural Rights': Hegel's idea of punishment, Peter G. Stillman; Hegel on justified disobedience, Mark Tunick; Rediscovering Hegel's theory of crime and punishment, Markus Dirk Dubber; Hegel's critique of liberalism and natural law: reconstructing ethical life, Abel Garza Jr; Name index.

O autorze

Michael Salter