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      Law in 3-Dimensions

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      TOTH-THESIS.pdf (1.066Mb)
      Date
      2013-04-25
      Author
      Toth, Adryan
      Type
      Thesis
      Degree Level
      Masters
      Metadata
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      Abstract
      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
      Law
      Program
      Law
      Committee
      Newman, Dwight G.; Norman, Ken; Plaxton, Michael
      Copyright Date
      March 2013
      URI
      http://hdl.handle.net/10388/ETD-2013-03-986
      Subject
      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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      • Graduate Theses and Dissertations

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