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McMeel on the Construction of Contracts: Interpretation, Implication and Rectification

Gerard McMeel
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Hegel and Law


ISBN13: 9780754620921
ISBN: 0754620921
Published: April 2004
Publisher: Routledge
Format: Hardback
Price: £240.00



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These essays re-interpret Hegelianism in the context of contemporary debates within legal scholarship. Topics include: questions relating to a conception of rights within a modern, constitutional state; strategies for an ""imminent critique"" of legal doctrine; and a rationale for law reform.

Contents:
Hegel After Marxism? Locating Hegelian Legal Theory in Both its Historical and Contemporary Contexts: Edgar Bodenheimer (1990) Hegel's Politico-Legal Philosophy: A Re-evaluation; Robert Fine (1995) Hegel's Philosophy of Right and Marx's Critique: A Re-assessment; Andrew Buchwalter (1991) Hegel, Marx, and the Concept of Immanent Critique. Hegel and Common Law: A Rationale for Property and Contractual Rights: William N.R. Lucy (1997) The Common Law According to Hegel; Seyla Benhabib (1984) Obligation, Contract and Exchange: On the Significance of Hegel's Abstract Right; Chad McCracken (1999) Hegel and the Autonomy of Contract Law; M.G. Salter (1998) Hegel and The Social Dynamics of Property Law. Individual Rights Within a Liberal Constitutional Framework: A Necessary but Insufficient Basis for Organizing a Rational State: Charles Taylor (1989) Hegel's Ambiguous Legacy for Modern Liberalism; Peter G. Stillman (1974) Hegel's Critique of Liberal Theories of Rights; Michael Salter and Julia J.A. Shaw (1994) Towards a Critical Theory of Constitutional Law: Hegel's Contribution. Hegelian Legal Theory in the Context of Law and Economics, Schmittian and Habermasian Jurisprudence: Gary Minda (1989) Toward a More ""Just"" Economics of Justice - A Review Essay; Richard Dien Winfield (1991) Rethinking Politics: Carl Schmitt vs. Hegel. Hegelianism, Gender-Roles and Feminist Legal and Political Theory: Seyla Benhabib (1991) On Hegel, Women and Irony; Valerie Kerruish (1996) Persons and Available Identities: Gender in Hegel's Philosophy of Law; Patricia Jagentowicz Mills (1986) Hegel's Antigone. Law and Punishment: The Continuing Tension Between the Duty to Obey Positive Laws and Various Conceptions of ""Natural Rights"": Peter G. Stillman (1976) Hegel's Idea of Punishment; Mark Tunick (1998) Hegel on Justified Disobedience; Markus Dirk Dubber (1994) Rediscovering Hegel's Theory Of Crime and Punishment; Abel Garza Jr (1990-91) Hegel's Critique of Liberalism and Natural Law: Reconstructing Ethical Life.