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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


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

Nils Jansen

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.001.0001
Subject:
Law, Philosophy of Law

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit ... More


The hierarchical view of legal system and non-state legality

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/9780195370751.003.002
Subject:
Law, Philosophy of Law

This chapter examines Raz's theory of legal system, which explicitly sets out to overcome difficulties in Hart's account regarding the identity and borders of legal systems by introducing new ... 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


Practitioner Perspectives

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0006
Subject:
Law, EU Law

This chapter considers the experiences of practitioners who work inside and around the international human rights legal system. Those insider views—many of them from lawyers who have one foot in ... More


System Reform

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0007
Subject:
Law, EU Law

This chapter considers areas where reforms could make the international human rights legal system more effective and influential. In particular, it examines just what kinds of reforms are achievable ... More


The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Luca Rubini

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.001.0001
Subject:
Law, Public International Law, EU Law

This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the ... More


An inter-institutional account of non-state legality

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/9780195370751.003.005
Subject:
Law, Philosophy of Law

Separation of legality from the state is what enables our view to better explain without distortion the various forms of non-state prima facie legality whose emergence is too pervasive to leave ... More


Japanese Law

Hiroshi Oda

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.001.1
Subject:
Law, Comparative Law

This text contains the latest edition of this book. It covers the basis of the Japanese legal system, the civil code, business related laws, and other laws including criminal law and procedure, and ... More


The Problem of Human Rights

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0001
Subject:
Law, EU Law

This book examines whether more international legal instruments and procedures would be helpful while probing the actions that states can take in tandem to the large and increasingly elaborate ... More


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