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A Positivist Pluralism?

Víctor M Muñiz-Fraticelli

in The Structure of Pluralism

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199673889
eISBN:
9780191752148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673889.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

Since its emergence in the 1970s and 80s, social-scientific legal pluralism has been largely hostile to the legal positivist tradition, accusing it of centralism, formalism, autonomism, and ... More


Pluralist Authority

Víctor M Muñiz-Fraticelli

in The Structure of Pluralism

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199673889
eISBN:
9780191752148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673889.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

Some pluralist critiques of state authority (as Harold Laski’s), while claiming to be pluralistic, leave little room for the exercise of authority by associations themselves. But the authority of an ... More


The Epistemological Necessity of Legal Monism

Paul Gragl

in Legal Monism: Law, Philosophy, and Politics

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198796268
eISBN:
9780191837333
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796268.003.0003
Subject:
Law, Public International Law, EU Law

This chapter depicts and defends monism in its positivist-epistemological manifestation (as envisaged by the Vienna School of Jurisprudence’s pure theory of law) as the most viable concept to ... More


Constraint and Value

Jean Thomas

in Public Rights, Private Relations

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199677733
eISBN:
9780191757259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677733.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter challenges the view that rights involve only value or only constraint. It argues that an adequate account of rights must make room for the elements of both constraint and value. Rather ... More


Indeterminacy

Jean Thomas

in Public Rights, Private Relations

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199677733
eISBN:
9780191757259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677733.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

Taken out of the public law context–that is, having their exclusive duty–bearer no longer be the state–public law rights become underdeterminate or indeterminate. Not so much as far as the interests ... More


The Fiduciary Character of Sovereignty

Evan J. Criddle and Evan Fox-Decent

in Fiduciaries of Humanity: How International Law Constitutes Authority

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199397921
eISBN:
9780199397945
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199397921.003.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter introduces the book’s argument that under contemporary international law states serve as fiduciaries for humanity. The chapter begins by examining the classical model of sovereignty, ... More


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