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Full-Text Articles in Law
Aristotle, Law And Justice: The Tragic Hero, Eric A. Engle
Aristotle, Law And Justice: The Tragic Hero, Eric A. Engle
Eric A. Engle
Aristotle was the greatest scientist in western history. He established the scientific paradigm and the instruments thereof (materialism and logic). His work covered all basic sciences: Astronomy, Botany, Logic, Mathematics, Meteorology Philosophy, Psychology and Political Science. Aristotle's conception of justice pervades the law and heavily influenced the Anglo-Saxon court system to this day. Yet, the mark of a hero in Greek tragedy is his tragic flaw. Aristotle was not only a great scientist. He was also racist, sexist and homophobic - he thought slavery was natural and good. This tragic flaw in Aristotle's work has distorted all of western thought …
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 …
The Fake Revolution: Understanding Legal Realism, Eric A. Engle
The Fake Revolution: Understanding Legal Realism, Eric A. Engle
Eric A. Engle
Abstract: Legal interpretation in the United States changed dramatically between 1930 and 1950. The Great Depression and World War II unleashed radical critique (particularly prior to the war). Legal realism proposed radical new methods of legal interpretation to try to meet the challenges of global depression and global war. The new legal methods proposed by realism at first seemed to indicate a new legal order. In fact, they only preserved the old order, protecting it from fundamental change. Thus, the same problem, cyclical economic downturn triggering war for resources and market share recurred in Vietnam. Just as the depression and …
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
Eric A. Engle
Outlines the jurisdictional and procedural obstacles to alien tort claims and claims under the torture victims's protection act and presents solutions to them.
The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle
The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle
Eric A. Engle
Traces the rise and decline of the national state as hermetic juridical atom (realist 'billiard ball' theory) and its replacement by a multilevel theory which sublimates state power upward as it dissolves it downward to non-state actors. Argues that classical sovereignty created and encouraged war and that post-Westphalian world is integrated networked and much more stable. Citations from the text: The rise of private rights and duties under national and international law enforced through universal jurisdiction and supranational trading systems both global and regional together mark the end of the Westphalian state system. ... In this system, states were the …