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The Riddle of All Constitutions: International Law, Democracy, and the Critique of Ideology

Susan Marks

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264131
eISBN:
9780191714870
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264131.001.0001
Subject:
Law, Philosophy of Law, Public International Law

The promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote ... More


The Problem of Authority: Revisiting the Service Conception 1

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the problem of authority and examines moderately critical claims. Section I begins by explaining some background methodological points. Section II briefly restates the service ... More


Exploring the Routes from Consultation to (In)forming Public Policy

Caroline Jones

in Law and Bioethics: Current Legal Issues Volume 11

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545520
eISBN:
9780191721113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545520.003.0015
Subject:
Law, Medical Law

This chapter analyses the routes by which Parliamentary bodies move from consultation to formulating public policy in the controversial field of assisted conception and related technological ... More


Original Understanding: Contemporaneous Understanding and Interpretive Issues

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Court's use of sources of original understanding contemporaneous with enactment of the constitutional provision in question, along with a variety of issues that the Court ... More


The mixed conception of corrective justice

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0017
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter distinguishes between three different conceptions of corrective justice: the annulment thesis, the relational conception of corrective justice, and a mixed conception of corrective ... More


The Philosophic Approach

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter defends the philosophic approach to constitutional interpretation. This thinking for oneself must be conducted with an attitude of self-criticism, seeing constitutional interpretation as ... More


The Power of Property Claims in Law: The Emergence of Two Visions

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0004
Subject:
Law, Law of Obligations

This chapter analyzes how the constituent dimensions of property are used to construct particular conceptions of property found in law. Through this process, two dominant conceptions of property ... More


The Principles Theory: How Many Theories and What is their Merit?

Ralf Poscher

in Institutionalized Reason: The Jurisprudence of Robert Alexy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.003.0010
Subject:
Law, Philosophy of Law

This chapter presents a critique of Alexy's principles theory which has two objectives. First, it attempts to distinguish between the different types of theory that have found refuge under the ... More


The Catalytic Court

Katharine G. Young

in Constituting Economic and Social Rights

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199641932
eISBN:
9780191746086
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641932.003.0006
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter introduces the concept of a judicial “role conception”. A role conception assists the court in maintaining democratic legitimacy, adherence to opinions and execution of orders. The ... More


Protected Interests

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0007
Subject:
Law, EU Law

This chapter deals with protected interests in Europe, with emphasis on personality rights, particularly the protection of the right to privacy. Personality rights also include the right to family ... More


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