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The Constitutional State

Nick Barber

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory, and ... More


Legal Pluralism

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter advances a modest account of legal pluralism and its significance for states. It argues that a legal order can contain multiple rules of recognition that lead to the order containing ... More


Constitutional Pluralism

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0010
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The previous chapter argued that it was possible for a form of legal pluralism to arise within a legal order and, furthermore, that this was, or may become, a characteristic of a number of the legal ... More


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


Fault Lines of Globalization: Legal Order and the Politics of A-Legality

Hans Lindahl

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199601684
eISBN:
9780191747649
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601684.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The question whether and how boundaries might individuate legal orders and in this way be constitutive features thereof has yet to be addressed in a systematic and comprehensive manner by legal and ... More


Regulatory Governance and the Challenge of Constitutionalism

Colin Scott

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter assesses both the narrow and broad versions of the challenge presented to the values of constitutionalism by regulatory governance. The narrow constitutionalist critique locates the ... More


The Structure of Pluralism

Victor M. Muniz-Fraticelli

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199673889
eISBN:
9780191752148
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673889.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The Structure of Pluralism argues that political pluralism is a cogent political tradition that makes distinctive and radical claims regarding the sources of political authority and the ... More


Law as Intelligibility

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/9780199673889.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

Social-scientific legal pluralists have failed to provide criteria either for distinguishing legal from non-legal phenomena or for recommending for or against the recognition of a normative system as ... More


Constituent Power and the Pluralist Ethic

Damian Chalmers

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0016
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter addresses the question of the relationship between constitutionalism and the alternative political imaginaries of post-national formations, and offers a reconstruction of the idea of ... More


Contract as Thing

Hugh Collins

in Regulating Contracts

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199258017
eISBN:
9780191717857
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258017.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter considers the role played by the law in the construction of certain types of financial transactions. It focuses on two types of financial instruments: negotiable instruments and futures ... More


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