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A General Jurisprudence of Law and Society

Brian Z. Tamanaha

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.001.0001
Subject:
Law, Philosophy of Law

This book provides a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society — a reflection of its customs and ... More


The Evolutionary Interpretation of Treaties

Eirik Bjorge

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.001.0001
Subject:
Law, Public International Law, Legal History

The evolutionary interpretation of treaties has proven in recent times to be one of the most controversial topics of the law of treaties. The reason for this is that the evolutionary interpretation ... More


Law’s Evolution and Human Understanding

Laurence Claus

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199735099
eISBN:
9780199950478
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199735099.001.0001
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

When should we follow the law? How can we know what law's words mean? What is law? This book presents fresh and surprising answers to these questions. In an account alive with the stories of our ... More


Introduction

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0001
Subject:
Law, Public International Law, Legal History

Chapter 1 introduces the argument of the book. It presents the research question, that is, what is the place of the evolutionary interpretation of treaties within the rules of treaty interpretation ... More


Conclusion: Evolution Intended

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0006
Subject:
Law, Public International Law, Legal History

Chapter 6 concludes the analysis by showing that the answer to the research question posed in Chapter 1 is that the evolutionary interpretation of treaties is an outcome of the process described in ... More


The Biology of Resource Nonuse

Jan G. Laitos

in The Right of Nonuse

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195386066
eISBN:
9780199949656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195386066.003.0013
Subject:
Law, Environmental and Energy Law

This chapter considers how evolutionary biology seems to suggest that living organisms would not have evolved to the point where humans could exist if humans had more of an opportunity to wreak havoc ... More


The Framework

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0001
Subject:
Law, Philosophy of Law

Researchers in both the “heuristics and biases” school and the school that extols the use of “fast and frugal” heuristics not only share similar methods but agree that people frequently make ... More


The Fast and Frugal Heuristics School

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0003
Subject:
Law, Philosophy of Law

Fast and frugal school researchers emphasize that evolutionary pressures guarantee that we will generally do a good job making “ecologically rational” choices, using inborn capacities to process ... More


Evolutionary Interpretation of Treaties: Between Memory and Prophecy

Pierre-Marie Dupuy

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such ... More


Conclusion

Eirik Bjorge

in Domestic Application of the ECHR: Courts as Faithful Trustees

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198743637
eISBN:
9780191803246
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743637.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

The final chapter concludes that the proper role of the domestic courts in the application of the European Convention on Human Rights (ECHR) is to act as faithful trustees of the Convention. This ... More


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