Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield
The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield
Gillian K Hadfield
The problem of harmonizing legal rules across multiple overlapping legal orders is, in part, a problem of knowledge. If the public goal of harmonization is to promote value in transactions and dispute resolution, a legal regime needs institutions that facilitate the production of multijural human capital: expertise about how legal rules interact with each other and with the environment in which economic actors design transactions and dispute processing mechanisms. Because much of this expertise is embedded with the actors involved in transactions and disputes, the production of expertise has to be supported by adequate incentives for private actors to invest …
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Eric A. Engle
This article presents a comprehensive theory of law founded on correct ontological, epistemological and axiological bases and proposes that monism materialism and holism will have greater explanatory and predictive power than dualist, atomist and realist International Relations (IR) theory have had. The theory, though focussed on IR theory, is applicable to domestic law as well. Western thought has long been predicated on either an ontological materialism (matter determines mind) or an ontological idealism (eidetic realism: mind determines matter). Normally, the materialist view is also monist (reality is fundamentally unitary), whereas the idealist view is generally presented as dualist (reality is …
200909 Obiter Dicta: Early Advent 2009, Steven Alan Samson
200909 Obiter Dicta: Early Advent 2009, Steven Alan Samson
Steven Alan Samson
No abstract provided.