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Basic Concepts

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0002
Subject:
Law, Public International Law

This chapter discusses the meaning of basic concepts such as the burden of proof, standard of proof, and presumptions. It explains how those concepts are defined in the common law system, the civil ... More


Gifts: A Study in Comparative Law

Richard Hyland

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343366
eISBN:
9780199867776
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343366.001.0001
Subject:
Law, Comparative Law

This book studies the law governing the giving and revocation of gifts. Gift-giving is everywhere governed by social and customary norms before it encounters the law. Moreover, the giving of gifts ... More


The lives of subjects

Annabel S. Brett

in Changes of State: Nature and the Limits of the City in Early Modern Natural Law

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691141930
eISBN:
9781400838622
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691141930.003.0007
Subject:
History, American History: early to 18th Century

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium ... More


Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe

Pedro C. Magalhães, Carlo Guarnieri, and Yorgos Kaminis

in Democracy and the State in the New Southern Europe

Published in print:
2006
Published Online:
May 2009
ISBN:
9780199202812
eISBN:
9780191708008
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202812.003.0004
Subject:
Political Science, European Union, Democratization

This chapter presents the results of judicial reform in the new Southern Europe in the context of the legacies of the nondemocratic past and the strategies of political actors. The democratic ... More


Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Reinhard Zimmermann

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.001.0001
Subject:
Law, Comparative Law

Legal history helps us to understand modern or contemporary law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich ... More


The Worldwide Diffusion of Codes of Good Governance

Alvaro Cuervo-Cazurra and Ruth V. Aguilera

in Corporate Governance and Firm Organization: Microfoundations and Structural Forms

Published in print:
2004
Published Online:
September 2007
ISBN:
9780199269761
eISBN:
9780191710087
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269761.003.0015
Subject:
Business and Management, Corporate Governance and Accountability

This chapter goes beyond the convergence/divergence dilemma by analysing change in CG practice in terms of the adoption of some codes of good governance rather than as the adoption of one particular ... More


Marriage, Property, and Law in Late Imperial Russia

William G. Wagner

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198204473
eISBN:
9780191676291
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198204473.001.0001
Subject:
History, European Modern History

This book provides a systematic study of civil law in late Imperial Russia. It shows that efforts to adjust family, property, and inheritance law to changing social and economic conditions often ... More


Caring for Children: Risks and Responsibilities in the Law of Tort

Jo Bridgeman

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0031
Subject:
Law, Family Law, Human Rights and Immigration

This chapter explores civil law responsibilities to children. First, it examines the nature, scope, and extent of the civil responsibilities of parents to children, then the professional ... More


The Civil Laws, or Mishpatim

John Van Seters

in A Law Book for the Diaspora: Revision in the Study of the Covenant Code

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195153156
eISBN:
9780199834785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195153154.003.0004
Subject:
Religion, Biblical Studies

This chapter deals with civil laws of the casuistic type most common in Near Eastern codes and one of these, having to do with the Hebrew slave (Exod 21:2–11), occurs also in both Deuteronomy and the ... More


 English Historical Documents, 1485–1558

Timothy Fitzgerald

in Discourse on Civility and Barbarity

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195300093
eISBN:
9780199868636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195300093.003.0006
Subject:
Religion, Religion and Literature

This chapter continues the close analysis of discourses on “religion” and related categories such as “politic order” and the “commonweal” and shows how in significant texts of the period there was ... More


Why Marriage Matters

Stephen Macedo

in Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691166483
eISBN:
9781400865857
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691166483.003.0001
Subject:
Law, Family Law

This book offers arguments in defense of same-sex marriage, marriage (as a distinctive relationship defined by law), and monogamy. It considers the acrimonious debate over same-sex marriage and two ... More


The Malaysian State and the Bureaucratization of Islam

Joseph Chinyong Liow

in Piety and Politics: Islamism in Contemporary Malaysia

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195377088
eISBN:
9780199869527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377088.003.0003
Subject:
Religion, Islam

This chapter investigates at closer analytical quarters the phenomenon of Islamization in Malaysia and the creation of institutions of Islamic governance by the UMNO-led Malaysian government in a ... More


The Legal Faculties of Late Medieval Oxford

J. L. Barton

in The History of the University of Oxford: Volume II: Late Medieval Oxford

Published in print:
1992
Published Online:
October 2011
ISBN:
9780199510122
eISBN:
9780191700941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199510122.003.0007
Subject:
History, British and Irish Medieval History

This chapter begins by discussing the disputes that occurred between legists and artists, and the university's stand regarding these issues. It also talks about how certain civilians took proceedings ... More


The Evolution of a Nation: How Geography and Law Shaped the American States

Daniel Berkowitz and Karen B. Clay

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.001.0001
Subject:
Economics and Finance, Economic History

Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the ... More


What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean?

Jan Dalhuisen

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/9780199566181.003.0039
Subject:
Law, Legal History

This chapter deals with what the choice of English law as the applicable law may mean in a contract drawn up in the civil law tradition between parties from civil law countries. It discusses the ... More


Continental Europe’s Codified Law of Delict

Christian Von Bar

in The Common European Law of Torts: Volume One

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.003.0002
Subject:
Law, EU Law

Every European nation with a codified civil law has devoted a complete section of it to the law of delict. Of these states, those currently belonging to the EU are: Belgium, Germany, France, Italy, ... More


Exploring the ‘Market Failure’ Hypothesis

Christopher Hood, Henry Rothstein, and Robert Baldwin

in The Government of Risk: Understanding Risk Regulation Regimes

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199243631
eISBN:
9780191599507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199243638.003.0005
Subject:
Political Science, Comparative Politics

Explores how far variety amongst risk regulation regimes can be explained by ‘market failure’ explanations of risk regulation. A ‘market failure’ approach assumes that state activity will consist of ... More


The Italian Style: Doctrine

Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi

Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)

in The Italian Legal System: An Introduction, Second Edition

Published in print:
2015
Published Online:
May 2016
ISBN:
9780804774956
eISBN:
9780804796552
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774956.003.0005
Subject:
Law, Comparative Law

This chapter traces the development of a distinct Italian “style,” which is characterized by an inclination toward legal positivism; a reluctance to consider nonlegal disciplines, notably philosophy, ... More


After Civil Rights: Racial Realism in the New American Workplace

John D. Skrentny

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159966
eISBN:
9781400848492
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159966.001.0001
Subject:
Sociology, Race and Ethnicity

What role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered ... More


Lecture Three—A Change in Perspective: European Private Law and its Historical Foundations

REINHARD ZIMMERMANN

in Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.003.0004
Subject:
Law, Comparative Law

This lecture presents a number of examples that highlight the intellectual link between legal history and comparative law. In addition, nearly all these examples emphasise connections existing ... More


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