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The Right to Property: The Exclusion Thesis

James Penner

in The Idea of Property in Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198299264
eISBN:
9780191714313
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299264.003.0004
Subject:
Law, Philosophy of Law

This chapter characterizes property from first principles by examining the nature of property rights, or the right to property. This is an exploration of the way in which the law, by imposing duties ... More


Allocation of the Risk of Error in Criminal Trials

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0006
Subject:
Law, Philosophy of Law

This chapter discusses risk of error allocation in criminal trials. Topics covered include the ‘equal best’ standard, the burden of proof, exclusion, pre-emption, corroboration, and discretion.


Allocation of the Risk of Error in Civil Litigation

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0007
Subject:
Law, Philosophy of Law

This chapter discusses risk of error allocation in civil litigation. Topics covered include fairness vs efficiency, burden of proof and equality, exclusion of evidence as corrective equality, ... More


Group Rights

JAMES GRIFFIN

in Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199248254
eISBN:
9780191714849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248254.003.0010
Subject:
Law, Philosophy of Law

Political theorists sometimes speak of different generations of rights. One such generation, the rights of our time, of the last twenty years or so, are ‘solidarity’ rights, including most ... More


Defining Property Rights

S. Douglas and B. McFarlane

in Philosophical Foundations of Property Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199673582
eISBN:
9780191751721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673582.003.0010
Subject:
Law, Philosophy of Law, Company and Commercial Law

This chapter focuses on the contested question of the ‘actual nature’ of property law, taking as its focus case law bearing on the definition of property rights. It employs a Hohfeldian analysis both ... More


The Concept of Property Law

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0005
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify two ‘conceptual’ features of property rights and then consider how these features align with the right to bodily integrity. Property rights enable the rights-holder to ... More


The Limits of Property Law

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0007
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify the particular structure of rights and duties that ought to apply to the use and storage of bodily material. This requires an assessment of whether the rights that arise ... More


Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules in Tax Law

John Prebble QC

in Philosophical Foundations of Tax Law

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198798439
eISBN:
9780191839436
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198798439.003.0005
Subject:
Law, Philosophy of Law, Company and Commercial Law

This chapter considers Kelsen’ s ‘pure theory of law’ and his principle of exclusion of contradictions in order to shed light on an area of law that he never considered: general anti-avoidance rules ... More


Constituent Power and the Constitution

Hans Lindahl

in Philosophical Foundations of Constitutional Law

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198754527
eISBN:
9780191816161
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198754527.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter first outlines a model of legal order that grants pride of place to the first-person plural perspective of the ‘we’ invoked in acts of constituent power: the authoritative collective ... More


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