Law in 3-Dimensions
| dc.contributor.committeeMember | Newman, Dwight G. | en_US |
| dc.contributor.committeeMember | Norman, Ken | en_US |
| dc.contributor.committeeMember | Plaxton, Michael | en_US |
| dc.creator | Toth, Adryan | en_US |
| dc.date.accessioned | 2013-04-26T12:00:31Z | |
| dc.date.available | 2013-04-26T12:00:31Z | |
| dc.date.created | 2013-03 | en_US |
| dc.date.issued | 2013-04-25 | en_US |
| dc.date.submitted | March 2013 | en_US |
| dc.description.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. | en_US |
| dc.identifier.uri | http://hdl.handle.net/10388/ETD-2013-03-986 | en_US |
| dc.language.iso | eng | en_US |
| dc.subject | Legal Theory | en_US |
| dc.subject | Jurisprudence | en_US |
| dc.subject | Philosophy of Law | en_US |
| dc.subject | Legal Positivism | en_US |
| dc.subject | Positive Law | en_US |
| dc.subject | Natural Law | en_US |
| dc.subject | Pragmatism | en_US |
| dc.subject | Inclusive Positivism | en_US |
| dc.subject | Exclusive Positivism | en_US |
| dc.subject | Interpretation | en_US |
| dc.subject | Hart | en_US |
| dc.subject | Dworkin | en_US |
| dc.subject | Posner | en_US |
| dc.subject | Finnis | en_US |
| dc.subject | Fuller | en_US |
| dc.subject | Gardner | en_US |
| dc.subject | Shapiro | en_US |
| dc.subject | Hume | en_US |
| dc.subject | Elements of Time | en_US |
| dc.subject | Dimensions | en_US |
| dc.subject | Constitutional Law | en_US |
| dc.subject | Morality | en_US |
| dc.subject | Morals | en_US |
| dc.subject | Separation | en_US |
| dc.subject | Legal Reasoning | en_US |
| dc.subject | Lawyers | en_US |
| dc.subject | Law | en_US |
| dc.subject | Necessary Connection | en_US |
| dc.subject | Multiple Right Answer | en_US |
| dc.subject | Best Choice | en_US |
| dc.subject | Principle | en_US |
| dc.subject | Practicality | en_US |
| dc.subject | Judicial Adjudication | en_US |
| dc.subject | Point in Time | en_US |
| dc.subject | Audacity of Morality | en_US |
| dc.subject | Law's True Ambition | en_US |
| dc.subject | What is Law? | en_US |
| dc.subject | Theoretical Physics | en_US |
| dc.subject | Double Bind | en_US |
| dc.subject | Multiple Bind | en_US |
| dc.subject | First-Order Considerations | en_US |
| dc.subject | Second-Order Considerations | en_US |
| dc.subject | Penumbra | en_US |
| dc.subject | Purity | en_US |
| dc.subject | General Goal | en_US |
| dc.subject | Incommensurable | en_US |
| dc.subject | Legal System | en_US |
| dc.subject | Wicked Legal System. | en_US |
| dc.title | Law in 3-Dimensions | en_US |
| dc.type.genre | Thesis | en_US |
| dc.type.material | text | en_US |
| thesis.degree.department | Law | en_US |
| thesis.degree.discipline | Law | en_US |
| thesis.degree.grantor | University of Saskatchewan | en_US |
| thesis.degree.level | Masters | en_US |
| thesis.degree.name | Master of Laws (LL.M.) | en_US |