Law in 3-Dimensions

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Date
2013-04-25Author
Toth, Adryan
Type
ThesisDegree Level
MastersMetadata
Show full item recordAbstract
This project, overall, involves a theory of law as dimensions. Throughout the history of the study of law, many different theoretical paradigms have emerged proffering different and competing ways to answer the question ‘what is law’? Traditionally, many of these paradigms have been at irreconcilable odds with one another. Notwithstanding this seeming reality, the goal of this project was to attempt to take three of the leading paradigms in legal theory and provide a way to explain how each might fit into a single coherent theory of law. I set out to accomplish this by drawing on the field of theoretical physics and that field’s use of spatial dimensions in explaining various physical phenomena. By engaging in a dimensional analysis of law, I found that I was able to place each paradigm within its own dimension with that dimension being defined by a specific element of time, and in doing so much of the conflict between the paradigms came to be ameliorated.
The project has been divided into two main parts. PART I discusses the fundamentals of legal theory (Chapter 1) and the fundamentals of dimensions (Chapter 2). These fundamentals provide a foundation for a dimensional analysis of law which takes place throughout PART II. In Chapter 3, I argue that the three fundamental theses of Positivism coalesce with the 1st-dimension of law, which is defined as law as it exists at any one point in time. From there, I argue in Chapter 4 that the 2nd-dimension of law, being law as it exists between two points in time (i.e. when cases are adjudicated), is characterized by Pragmatism. I then turn, in Chapter 5, to argue that the 3rd-dimension of law, being law as it exists from the very first point in legal time to the ever changing present day, coalesces with the fundamental theses of Naturalism. Ultimately then, I argue that a theory of law as dimensions, through the vantage points of the specific elements of time, provides a more complete account of the nature of law.
Degree
Master of Laws (LL.M.)Department
LawProgram
LawCommittee
Newman, Dwight G.; Norman, Ken; Plaxton, MichaelCopyright Date
March 2013Subject
Legal Theory
Jurisprudence
Philosophy of Law
Legal Positivism
Positive Law
Natural Law
Pragmatism
Inclusive Positivism
Exclusive Positivism
Interpretation
Hart
Dworkin
Posner
Finnis
Fuller
Gardner
Shapiro
Hume
Elements of Time
Dimensions
Constitutional Law
Morality
Morals
Separation
Legal Reasoning
Lawyers
Law
Necessary Connection
Multiple Right Answer
Best Choice
Principle
Practicality
Judicial Adjudication
Point in Time
Audacity of Morality
Law's True Ambition
What is Law?
Theoretical Physics
Double Bind
Multiple Bind
First-Order Considerations
Second-Order Considerations
Penumbra
Purity
General Goal
Incommensurable
Legal System
Wicked Legal System.
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