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Reinventing American Jurisprudence: Law through the Lens of Value

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Management number 201830365 Release Date 2025/10/08 List Price $54.24 Model Number 201830365
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Format: Hardback
Length: 316 pages
Publication date: 05 November 2021
Publisher: Lexington Books


This groundbreaking approach to value lays the groundwork for a fresh and imaginative perspective in the philosophy of law. Value essentialism uncovers the intricate processes through which value formations emerge, such as the interplay between sacred cows and scapegoats and the heightened sense of oughtness that accompanies the attainment of sacred zenith values. Through its engaging narrative, readers gain valuable insights into the pervasive influence of Occams razor, which has led to the demise of numerous ideas. They explore the nuanced nature of the Other, recognizing its proximity and remoteness simultaneously. Additionally, the text delves into the realm of spectral probability and necessity, shedding light on the complexities of decision-making.

Analyses of Supreme Court cases take on captivating and diverse directions, offering fresh perspectives on legal matters. Bell's work, while not explicitly focused on eugenics, touches upon the value of efficiency and highlights the interconnectedness of classism and racism. Lochner's case, in contrast, involves a complex interplay of three distinct value schemes, including parallelism and exploitative tangents. In Brown, the Fourteenth Amendment takes a significant subjective turn, emphasizing the importance of individual rights and equality. In Heller, the communitarian position of preventing violence before it begins contrasts with the individualistic perspective of waiting until imminent danger presents itself. Citizens United serves as a prime example of this axiological approach, raising profound questions about the purpose and design of the First Amendment. It prompts us to contemplate whether the primary objective was to maximize participation or to promote democracy.

In conclusion, this innovative approach to value offers a transformative framework for understanding the complex dynamics of legal and ethical decision-making. By exploring the interplay between value formations, the nature of the Other, and the principles of probability and necessity, it provides a rich tapestry of insights that challenge our preconceptions and inspire us to reimagine the philosophical landscape of law.

Weight: 767g
Dimension: 227 x 161 x 28 (mm)
ISBN-13: 9781793639400


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