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The Constitution of Equality: Democratic Authority and Its Limits

Thomas Christiano

Published in print:
2008
Published Online:
September 2008
ISBN:
9780198297475
eISBN:
9780191716867
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198297475.001.0001
Subject:
Political Science, Comparative Politics, Political Theory

What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore ... More


The EU Rights Revolution: Adversarial Legalism and European Integration

R. Daniel Kelemen

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0010
Subject:
Political Science, European Union

Examines the impact of EU institutional structure on individual rights litigation. Kelemen argues that EU institutions have encouraged a particular type of law and regulation, ‘adversarial legalism’, ... More


Electoral Markets and Stable States

Peter Mair

in Party System Change: Approaches and Interpretations

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198295495
eISBN:
9780191599804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295499.003.0007
Subject:
Political Science, Comparative Politics

This is the first of three chapters on political party systems and structures of competition, and looks at electoral markets in Europe. It begins by clarifying the term ‘electoral markets’ in the ... More


What Is Different About Post‐Communist Party Systems? 1

Peter Mair

in Party System Change: Approaches and Interpretations

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198295495
eISBN:
9780191599804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295499.003.0008
Subject:
Political Science, Comparative Politics

This is the second of three chapters on political party systems and structures of competition, and looks at post-communist party systems in Europe. The author’s intention is to explore some ... More


Party Government, Patronage, and Party Decline in Western Europe

Jean Blondel

in Political Parties: Old Concepts and New Challenges

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246748
eISBN:
9780191599385
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246742.003.0009
Subject:
Political Science, Comparative Politics

Blondel approaches the question of party decline by asking to what extent it is a product of semi‐legal or illegal practices adopted by parties. At first glance it seems that the answer should be ... More


Intergroup Relations and Reconciliation: Theoretical Analysis and Methodological Implications

Thomas E. Malloy

in The Social Psychology of Intergroup Reconciliation

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195300314
eISBN:
9780199868698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195300314.003.0016
Subject:
Psychology, Social Psychology

This chapter describes the Intergroup Relations Model, which asserts that the move to peaceful intergroup relations hinges on ensuring that the adversarial groups perceive equality of opportunities ... More


Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

David J. A. Cairns

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262848
eISBN:
9780191682414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262848.001.0001
Subject:
Law, Legal History

The modern adversarial criminal trial emerged from the punitive and procedural upheaval in the criminal law of the first half of the nineteenth century. The campaign against capital punishment, which ... More


Standing Accused: The Organization and Practices of Criminal Defence Lawyers in Britain

Mike McConville, Jacqueline Hodgson, Lee Bridges, and Anita Pavlovic

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198258681
eISBN:
9780191681851
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258681.001.0001
Subject:
Law, Criminal Law and Criminology

Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, ... More


The Adversarial Process and the Vulnerable Witness

Louise Ellison

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299097
eISBN:
9780191685613
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299097.001.0001
Subject:
Law, Criminal Law and Criminology

Until quite recently it was commonplace to describe the witness as the ‘forgotten man’ in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing ... More


Assessing the Interventions: Achievements and Limitations

Charles Heckscher, Michael Maccoby, Rafael Ramirez, and Pierre-Eric Tixier

in Agents of Change: Crossing the Post-Industrial Divide

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199261758
eISBN:
9780191718687
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199261758.003.0010
Subject:
Business and Management, Organization Studies

This chapter attempts an honest overall assessment of the outcomes of these long transformative processes. It concludes that much progress was made in overcoming adversarial histories, increasing ... More


The Defense of the Defense: Suffering, Flourishing, and the Desires of the Heart

Eleonore Stump

in Wandering in Darkness: Narrative and the Problem of Suffering

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199277421
eISBN:
9780191594298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199277421.003.0015
Subject:
Philosophy, History of Philosophy, Philosophy of Religion

This chapter finishes the defence of the defence that is the object of the book by considering possible objections to the developed Thomistic theodicy and the evidence by which it can be supported. ... More


Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


The Nature of Moral Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0002
Subject:
Philosophy, General

This chapter explains the nature of moral human rights. Although many are claim-rights, others are liberty-rights, power-rights, or immunity-rights. They are adversarial and apply to some potential ... More


The Nature of International Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0005
Subject:
Philosophy, General

This chapter explains the nature of international human rights, human rights recognized in international law. Although most of them are claim-rights, some are liberty-rights, power-rights, or ... More


Conclusions

Louise Ellison

in The Adversarial Process and the Vulnerable Witness

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299097
eISBN:
9780191685613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299097.003.0008
Subject:
Law, Criminal Law and Criminology

This concluding chapter sums up the key findings of this study on vulnerable witnesses and the adversarial process in the criminal justice system in Great Britain. The result reveals the limitations ... More


What Decisions Should Judges Not Take?

Jeffrey Jowell

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0009
Subject:
Law, Legal History

This chapter examines the issue of to what extent judges can or should decide the substance of official decisions, and Lord Bingham's contributions to this issue. It looks at two arguments for ... More


Associations Between Law, Competitiveness, and the Pursuit of Self-Interest

Mitchell J. Callan and Aaron C. Kay

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0007
Subject:
Psychology, Social Psychology

This chapter will discuss and provide evidence for the idea that the law’s existence shapes social reality by implicitly fostering the sense that people are, and perhaps should be, competitive and ... More


Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Amalia D. Kessler

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.001.0001
Subject:
Law, Legal History

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have ... More


Adversarial Experts

MIKE REDMAYNE

in Expert Evidence and Criminal Justice

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the criticisms and reforms that might be applied to adversarial experts. It presents several criticisms of adversary expertise. It agrees with Wigmore in saying that ... More


Party Patronage in Spain: Appointments for Party Government

Raúl Gómez, European University Institute, Tània Verge, and Universitat Pompeu Fabra

in Party Patronage and Party Government in European Democracies

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199599370
eISBN:
9780191741517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599370.003.0016
Subject:
Political Science, Comparative Politics

This chapter examines the characteristics of party patronage in Spain. Appointments have been extensively used since the transition to democracy by Spanish parties, but the depth of patronage ... More


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