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Full-Text Articles in Law
Technology, Gender And Fashion, Jeanne L. Schroeder
Money As Measure, David G. Carlson
Why Are There Four Hegelian Judgments, David G. Carlson
Why Are There Four Hegelian Judgments, David G. Carlson
Articles
Hegel is the philosopher of threes. His entire system is triune: logic-nature-spirit. Within the logic is a triune structure: being, essence, notion. Within notion there is a triad: subject-object-idea. Within subjectivity, there is a triad: notion, judgment, syllogism. Yet when we examine Hegel's critique of judgment, there are four (not three): inherence-reflection-necessity-notion.
This paper tries to explain why this is so. There is a disturbing element present at all times in Hegel's logic - what Slavoj Zizek named a silent fourth, which erupts and manifests itself in judgment. This paper refines and justifies Zizek's insight, arguing from the text of …
The Antepenultimacy Of The Beginning In Hegel’S Science Of Logic, David G. Carlson
The Antepenultimacy Of The Beginning In Hegel’S Science Of Logic, David G. Carlson
Articles
The Science of Logic is the keystone for Hegel's philosophy. Perhaps the single most perplexing problem in this work is the status of the beginning. Hegel insisted that philosophy must be self-grounding. It cannot start from "givens." Yet, if Hegel's beginning is merely stipulated or "given," then his project is defeated. The usual view of Hegel's intent is that the beginning (Pure Being) is the last step, so that what begins as a presupposition ends up being "proven." This article suggests something different. It proposes that the beginning (Pure Being) is actually the "antepenultimate" (or third-from-last) step of the Science …
Hegel’S Theory Of Measure, David G. Carlson
Hegel’S Theory Of Measure, David G. Carlson
Articles
The final segment in Hegel's analysis of "being" is measure - the unity of quality and quantity. At stake in these chapters is the difference between quantitative and qualitative change. A being or thing is indifferent to quantitative change, which comes from the outside. For instance, a legislature can increase the stringency of zoning regulations, and yet the legislation is still constitutional "zoning." But there comes a point at which quantitative change effects a qualitative change - zoning becomes an uncompensated "taking" of property. This paper analyzes how Hegel, in the "Science of Logic," derives measure from the categories of …
The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson
The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson
Articles
No abstract provided.
Hegel’S Theory Of Quality, David G. Carlson
Hegel’S Theory Of Quality, David G. Carlson
Articles
This article assesses the opening three chapters of Hegel's monumental "Science of Logic," a work largely unknown in the United States but recognized in Europe as the foundation of Hegel's impressive philosophical edifice. Hegel's task was to develop a foundation-free philosophy, in which the inherent contradictions in concepts caused the self-destruction of the concept and the generation of a new, improved concept. Hegel begins his work by examining the concept of Pure Being. Being itself shows to be finite, however. Being repeals itself and propels itself into thought. "Reality" therefore gives way to "ideality." Upon entering the realm of the …
Introduction, David G. Carlson
Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder
Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder
Articles
No abstract provided.
The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder
The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder
Articles
No abstract provided.
Hegel's Legal Plenum, Arthur J. Jacobson
Hegel And The Dialectics Of Contract, Michel Rosenfeld
Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich
Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich
Articles
No abstract provided.