Incorporation Of Law Research Articles

“Como nace el derecho” de Francesco Carnelutti

Estamos ante una obra que de manera sencilla explica cómo ha sido la incorporación del derecho en el ámbito social y económico de la sociedad. Esta obra se encuentra conformada por X capítulos en los cuales se analizan los conceptos básicos del Derecho a través de ejemplos de la vida cotidiana ubicados en el presente y el pasado de una forma entendible para cualquier persona que no tenga un vínculo directo con la formación en Derecho.

Hinduism as a Legal Tradition

The role of law in Hinduism and the value of law as a category of Hindu studies have been underestimated. After making an initial case for the connection of dharma and law in the treatises on religious and legal duty known as Dharmaśāstra, this essay examines the role of dharma as law in other Hindu texts in order to show the possible horizons of understanding yielded by an incorporation of law into Hindu studies. Dharmaśāstra, it is argued, should be viewed as a form of legal rhetoric and its formulations of dharma understood as paradigmatic for the Hindu tradition as a whole. Finally, through a comparison with Islam and Islamic studies, the mutual modulations of law and Hinduism are examined in order to see the consequences of juxtaposing these two categories.

Silko: Writing Storyteller and Medicine Woman by Brewster E. Fitz

3 4 6 W e s t e r n A m e r i c a n L i t e r a t u r e F a l l 2 0 0 6 that King and Powell worked out in their pages, particularly the tension they felt between their objective mapping (be it through charts or words) of western spaces and the subjective experience of western places that was not amenable to cartographic expression, that could only be expressed and communicated through narrative means. One of the main impressions Van Noy leaves with his readers is just how difficult it has been for observers to have an unmediated experience of the American West. Sent on survey missions by the American government, King and Powell were charged with fixing the region’s watercourses and landforms on paper; their professional position conditioned them to see the land through the interpretive lens of the survey grid and the surveyor’s transit, to construe and define it as national property and a web of future transportation routes. At the same time, they could not help but respond to the felt aesthetic, emotional, and experiential qualities of the landscape, subjective qualities of place that, in the pages of their books, supplemented and deepened the dispassionate scientific perspective put forward by their maps. In doing so, though, they consistently fell back on the conventions of the sublime, a framework of interpretation that, in its way, was just as systematic and controlling as the mathematical strictures that guided their cartographic work. In King’s case, the sublime allows him to write “an impressionist’s picture of landscape, less stable and more ephemeral than a map, yet for that moment, a narrative also more ‘true’” (78). Powell’s use of the convention, though, leads him to reinforce some common myths of the West, strengthening those popular perceptual filters: he helped “substanti­ ate the image of the West as a place sublime and heroic, images that may have inadvertently helped bolster pioneering pride and optimism about the national landscape” (102). Maps and narratives may seem like inimical modes of communication; indeed, Van Noy’s subjects needed both in order to arrive at a satisfying assess­ ment of landscape. In bringing these modes together, Van Noy both helps us deepen our sense of what constitutes a western writer and demonstrates just how firmly the West has resisted—and continues to resist—definitive understanding. Silko: Writing Storyteller and Medicine Woman. By Brewster E. Fitz. Norman: University of Oklahoma Press, 2004. 304 pages, $34-95. Reviewed by Joshua Dolezal University of Nebraska, Lincoln Silko: WritingStorytellerandMedicine Woman is a book about texts, their totemic weight, and the paradoxical challenges facing a writer who wishes to protect an oral tradition. In this regard, particularly in its disavowal of exclusionary logic in Western literature, Fitz’s book will interest readers of Derrida and Foucault. The biographical material adds a decidedly new historical flavor to much of Fitz’s book, and his attention to Silko’s incorporation of law and journalism B o o k R e v i e w s 3 4 7 into her literary arsenal will also provide scholars in cultural studies with valu­ able insights into the intersection of federal policy and tribal culture. Two theses drive the book: that Silko’s textual storytelling enlivens the oral tradition (rather than compromising it) and that her mastery of written language on behalf of the spirit is a strategic defense against cultural assimila­ tion. Fitz’s comparison of Silko’s narratives to Plato’s pharmakon—the text that can poison and/or heal its author and readers—reinforces Silko’s authority within western discourse. Likewise, Fitz’s discussion of Silko’s narratives in light of Barthes’s writerly text reinforces the authority of her voice by illustrating its theoretical depth. In this regard, as Fitz makes clear, Silko is comparable to Gerald Vizenor and Louis Owens, who explicitly commingle theoretical and creative voices, engaging critical discourse with designs to transform it. Cultural studies readers will recognize similar tensions in Vine Deloria’s Spirit and Reason (1999), and one of Fitz’s most significant contributions is his attention to Silko’s...

Reply to Professor Gilson

In replying to Ronald Gilson's comment (this issue), we first state points of agreement; we then examine points of disagreement. We agree with proposition that a major reason motivating states to allow incorporation of law and other professional service firms was to offer to these firms advantage of superior tax benefits from corporate form. These tax advantages were related to areas of pension and profit-sharing plans, group term life insurance, health and accident insurance, medical reimbursement plans, wage continuation plans, and keyman insurance (see Hayes 1978). While tax motives were important, they are not end of story. In particular, we do not agree with Gilson that for period under consideration the pattern of law firm incorporation . . . is income tax, not liability, driven (p. 421). As this is a factual issue, we illustrate our understanding with a sample of lawyers who have written on this point. Rotgin (1980), a specialist on professional legal corporation, states that one of principal advantages of corporate business entity is concept of limited .... While professional legal corporation also offers attorneys limited liability, this form of limited is not as broad in scope as general corporate limited liability (p. 634). Paas (1986) argues that the most significant non-tax reason for incorporating a professional is to obtain limited liability. Attorneys who incorporate attempt to insulate their personal assets from claims arising in two kinds of cases. First limited insulates personal assets from claims arising under ordinary business debts of professional corporation .... Second, limited bars claims arising out of professional malpractice of a fellow attorney (p. 374). Shores (1974) also argues that it would seem that most significant non-tax factor in favor of incorporating is substantial reduction in exposure to malpractice which normally results in case of incorporating a group practice (p. 711). As judged by these legal analysts, issues are important for practices in deciding on their corporate structure.