Law, Culture, and Values: Essays in Honor of Gray L. Dorsey

Přední strana obálky
Sava Alexander Vojcanin
Transaction Publishers - Počet stran: 300

This festschrift, in honor of the work of Gray L. Dorsey, covers their major areas of his lifelong commitment to the culture and jurisprudence of law in an historical and comparative, East-West context. Within his normative framework, Dorsey took account of the crisis in positivism, Marxism, and alternative conceptions of value in the law. His work emphasized intercultural conflicts in a societal and global environment without surrendering the sense of western culture and its special contributions to legal and moral thought.

The volume, originally prepared as a special issue of the Washington University Law Quarterly, has the benefit of an urbane new opening essay by Professor Vojcanin, which seeks to show how jurisculture is a "treasure map one may use to unearth the holes in which justice was hidden." It also contains a special essay by Gray Dorsey to conclude the volume in which he offers his current views on the philosophy of law and social theory in general.

The volume is vigorous in its analysis, and central to any serious appraisal of the status of the philosophy of international law at this stage in history. The essays by Abraham Edel, Elizabeth Flower, Harold J. Berman, and Iredell Jenkins give special attention to this theme. The chapters by Jerome Hall, Herbert H.P. Ma, and Thomas H. Fang each take up a central issue in the relationship of world religion to world law. A third set of papers--by Edward McWhinney, Palitha T.B. Kohona, and Jacob W.F. Sundberg, discuss the major sociological implications of Dorsey's type of legal theory--with figures from Karl Marx, Max Weber, and F.S.C. Northrop covered in detail.

For three decades, Gray L. Dorsey has contributed to comparative legal systems, emphasizing through his novel method of reasoning--jurisculture--a synthesis of empirical investigation and legal reasoning. Dorsey's work focuses on a set of meanings derived without reference to observed events, but by the adaptation and use of fundamental beliefs to organize and govern human cooperation.

Gray L. Dorsey is Charles Nagel Professor Emeritus of Jurisprudence at International Law at Washington University Law School in St. Louis. He is the author of, among other works, Beyond the United States: Changing Discourse in International Politics and Law, and Jurisculture--the first two volumes, on Greece and Rome, and on India and China are now published by Transaction Publishers--with an additional five volumes remaining to complete this massive project. He is a past president of the International Association for Philosophy of Law and Social Philosophy.

 

Vybrané stránky

Obsah

I The MEANING AND SIGNIFICANCE OF JURISCULTURE
23
REFLECTIONS ON THE CONCEPT OF JURISCULTURE
24
JUST DECISIONS
38
II EXPERIENCE IN A NONWESTERN CULTURE
53
THE CHINESE VIEW OF LIFE THE PHILOSOPHY OF COMPREHENSIVE HARMONY
66
III CONCEPTIONS VALUE AND LAW
80
ANALYSIS OF MORAL VALUES BY CASELAW
97
INDIVIDUAL RIGHTS AND CONTRACT Freedom And Reciprocity in Contract Law
108
ACCOUNTABILITY LEGALITY AND THE SOCIAL ORDER
157
ON THE ECONOMIC CONDITIONING OF THE LAW
171
V THREATS TO DEMOCRATIC VALUES
190
GERMANY AND RUSSIA
191
ON MARXISM AS A LEGAL PRACTICE
209
VI INTERCULTURAL CONFLICTS
225
THE IMPLEMENTATION OF INTERNATIONAL ECONOMIC AGREEMENTS WITHIN MUNICIPAL LEGAL SYSTEMS AND ITS IMPLICATI...
228
WESTERN AND NONWESTERN LEGAL CULTURES AND THE INTERNATIONAL COURT OF JUSTICE
259

IS THE RIGHT TO STRIKE A HUMAN RIGHT?
118
IV POSITIVISM AND THE VALUE CRISIS
144
THE QUEST FOR CONGRUENCE BETWEEN CULTURE AND LEGAL SYSTEMS IN RECENTLY LIBERATED SOCIETIES
276
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