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Legality's Borders: An Essay in General Jurisprudence

Keith Culver and Michael Giudice

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.001.0001
Subject:
Law, Philosophy of Law

Analytical legal theories are increasingly sophisticated, yet their development is uneven. While admirably adapted to explaining the unitary law-state, they are poorly suited to characterizing new ... More


Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Lars Vinx

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.001.0001
Subject:
Law, Philosophy of Law

Hans Kelsen is considered to be one of the founding fathers of modern legal philosophy. But despite Kelsen's prominence as a legal theorist, his political theory has been mostly overlooked. This book ... More


Introduction: The “International” Constitutional Judge

Stephen Breyer

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0001
Subject:
Law, Philosophy of Law

Justice Breyer's introductory essay recounts a discussion Dworkin led at a conference of international judges. Justice Breyer goes on to describe how Dworkin's work has influenced the way judges on ... More


Linguistic Justice: International Law and Language Policy

Jacqueline Mowbray

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646616
eISBN:
9780191745485
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646616.001.0001
Subject:
Law, Public International Law, Philosophy of Law

As globalisation and migration produce societies of increasing linguistic diversity, the issue of how to ensure justice between speakers of different languages becomes a pressing social concern. ... More


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


How Interpretation Makes International Law: On Semantic Change and Normative Twists

Ingo Venzke

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.001.0001
Subject:
Law, Public International Law, Philosophy of Law

The texts of international law cannot talk — they are talked about. They passively submit to the need for interpretation and gain meaning in their use. Contrary to classic and still pervasive ... More


Humanity and Law

Philip Allott

in Eunomia: New Order for a New World

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199244935
eISBN:
9780191697418
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244935.003.0014
Subject:
Law, Philosophy of Law

This chapter explores the process of international society re-conceiving itself as society through re-conceiving international law. In finding the human potential of international society through the ... More


Non-Legislative Codifications in Modern Law

Nils Jansen

in The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0003
Subject:
Law, Philosophy of Law

The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the ... More


Legal officials, the rule of recognition, and international law

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.001
Subject:
Law, Philosophy of Law

This chapter analyzes the limits to Hart's account of an official-operated rule of recognition as an account of the existence and borders of legal systems. The argument is developed via assessment of ... More


Meta-theoretical-evaluative motivations

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.003
Subject:
Law, Philosophy of Law

This chapter returns to the method and purpose of analytical jurisprudence. It discusses the way analytical legal theorists have attempted to identify what they claim are necessary features of an ... More


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