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Law's quandary

Cambridge, Mass.: Harvard University Press (2004)

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  1. Perelman's Theory of Argumentation and Natural Law.I. I. I. Mootz - 2010 - Philosophy and Rhetoric 43 (4):383.
    Chaïm Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman's argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled "Perelman's Theory of Argumentation as a Rejection of Natural Law."However, my thesis (...)
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  • Legal Personhood and the Firm: Avoiding Anthropomorphism and Equivocation.David Gindis - 2016 - Journal of Institutional Economics 12 (3):499-513..
    From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy (...)
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