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Norms, Dispute Resolution, and Judicialization

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.003.0001
Subject:
Political Science, Comparative Politics

The regular and effective settlement of disputes by a third‐party dispute resolver leads to the evolution of a set of behavioural norms, which become authoritative in society. In turn, normative ... More


The European Court and Integration

Alec Stone Sweet and Thomas Brunell

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0008
Subject:
Political Science, Comparative Politics

To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ... More


Islands of Transnational Governance

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0010
Subject:
Political Science, Comparative Politics

The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ... More


Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues

Klaus J. Hopt and Felix Steffek

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0001
Subject:
Law, Comparative Law, Private International Law

This chapter analyses the law and principles of mediation from a comparative perspective and develops regulatory models. The chapter commences with an overview of the development of mediation in the ... More


A simple model of dispute resolution

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0004
Subject:
Law, Philosophy of Law

This chapter begins articulating a dispute-resolution account of legal authority by hypothesizing a basic, bipartite dispute and developing, analytically, the essential features of a procedure ... More


The State as Supplier of Protection

Federico Varese

in The Russian Mafia: Private Protection in a New Market Economy

Published in print:
2001
Published Online:
November 2003
ISBN:
9780198297369
eISBN:
9780191600272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829736X.003.0003
Subject:
Political Science, Russian Politics

The Russian state is examined as a supplier of protection. The chapter first explores how Russian citizens perceive the institutions of authority that are supposed to supply services of protection ... More


Private Dispute Resolution and the Shadow of the Law

Benjamin Kelly

in Petitions, Litigation, and Social Control in Roman Egypt

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199599615
eISBN:
9780191731525
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599615.003.0007
Subject:
Classical Studies, European History: BCE to 500CE

This chapter argues that the evidence does not support the view that petitioning and litigation in Roman Egypt were usually a last resort, employed only if ‘private’ dispute resolution methods ... More


A Matter of Dispute: Morality, Democracy, and Law

Christopher J. Peters

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.001.0001
Subject:
Law, Philosophy of Law

Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? This book offers an ... More


In Search of Order: State Systems of Property Rights and Their Failings with Rachel Sweet Vanderpoel 1

Sandra F. Joireman

in Where There is No Government: Enforcing Property Rights in Common Law Africa

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199782482
eISBN:
9780199897209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782482.003.0006
Subject:
Political Science, Political Theory

Accepted wisdom regarding the geography of power in most African countries holds that power radiates outward from the center, with the strength of the state most pronounced in the capital and often ... More


Mediation in Japan. Development, Forms, Regulation and Practice of Out-of-Court Dispute Resolution

Harald Baum

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0020
Subject:
Law, Comparative Law, Private International Law

The chapter provides an up-to-date, comprehensive analysis of out-of-court dispute resolution in Japan. The country is well known for its persistent lack of litigation when compared with most Western ... More


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