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Incorporating Indigenous Law

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0007
Subject:
Political Science, Political Theory

Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally ... More


7 Blood and Soil, Place or Property: Liberalism, Land, and Ethnicity

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0008
Subject:
Political Science, Political Theory


Improving Evaluation of Boilerplate: A Proposed Analytical Framework

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0009
Subject:
Law, Company and Commercial Law

This chapter proposes an analytical framework for improving the evaluation of boilerplate. It begins with a discussion of questions for evaluating boilerplate rights deletion schemes; for example, ... More


Royal Bastardy and Dynastic Crisis

Matthew Gerber

in Bastards: Politics, Family, and Law in Early Modern France

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199755370
eISBN:
9780199932603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755370.003.0003
Subject:
History, European Early Modern History, Family History

The political dimensions of bastardy were most evident in the public controversy stemming from Louis XIV’s attempt to declare his extramarital offspring capable of inheriting the French throne. The ... More


Legislative Balancing through Intergovernmental Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


The multifaceted noun

Alexandra Y. Aikhenvald

in The Languages of the Amazon

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199593569
eISBN:
9780191739385
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593569.003.0005
Subject:
Linguistics, Language Families

In many Amazonian languages, nouns can be synthetic, and morphologically complex. We start with a snapshot of noun structure and noun categories. We then turn to tense, and other aspects of ... More


Rethinking the theory of legal rights

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0002
Subject:
Law, Competition Law

This chapter examines the classical liberal theory of rights, which holds that rights protect or secure a domain of autonomy. To have a right is to have control or liberty over that to which one is ... More


Dignity as an Eschatological Concept

David Walsh

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0013
Subject:
Law, Human Rights and Immigration

An eschatological concept is one we live within and therefore can never fully comprehend. Human dignity names what cannot be named. Rather than a claim to status it really marks the capacity to ... More


Possession and Ownership

Alexandra Y. Aikhenvald and R. M. W. Dixon (eds)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660223
eISBN:
9780191745096
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660223.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Every language has a way of expressing possessive relationships. The marking and the conceptualization of these vary across languages and cultures. This volume aims at investigating the varied facets ... More


The Exchange Economy?

Paul Sillitoe

in From Land to Mouth: The Agricultural "Economy" of the Wola of the New Guinea Highlands

Published in print:
2010
Published Online:
October 2013
ISBN:
9780300142266
eISBN:
9780300162950
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300142266.003.0012
Subject:
Sociology, Economic Sociology

This chapter looks at the exchange economy in the Was Valley, where it touches upon the presence of scarcity not in land, capital, and labor, but in items that are in short supply (e.g. diamonds). It ... More


Rethinking Property: A Biocultural Approach

Sanjay Kabir Bavikatte

in Stewarding The Earth: Rethinking Property and the Emergence of Biocultural Rights

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198098669
eISBN:
9780199083046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198098669.003.0007
Subject:
Law, Environmental and Energy Law

This chapter argues that it is not property that should determine personhood or peoplehood, but the other way round. It explores how the emergence of biocultural rights asks for a fundamental rethink ... More


A Rights of Personality Database

Charlotte Waelde and Niall R Whitty

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0011
Subject:
Law, Constitutional and Administrative Law

Chapter 11 analyses the results of a survey in which contributors from 12 jurisdictions answered legal questions raised in eight case- studies. Differences exist both between and within the Civil law ... More


An Analytical Framework for Legal Evaluation of Boilerplate

Margaret Jane Radin

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0012
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter develops an analytical framework that could help legal analysts make better decisions about boilerplate in the context of rights deletions deployed by firms against consumers. A great ... More


Conclusion

Renata Ago

in Gusto for Things: A History of Objects in Seventeenth-Century Rome

Published in print:
2013
Published Online:
September 2013
ISBN:
9780226010571
eISBN:
9780226008387
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226008387.003.0010
Subject:
History, European Early Modern History

This chapter sums up the key findings of this study on the historiography of material culture and the history of objects in seventeenth-century Rome. It suggests that a person’s relationship with his ... More


The Structure of Property Law

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0006
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify the ‘structural’ (or ‘doctrinal’) features of property law, compare these features with other branches of law, and consider how these features have been applied to the ... More


Popular Liberty, Princely Government, and the Roman Law in Hugo Grotius’ <i>De Iure Belli ac Pacis</i>

Daniel Lee

in Popular Sovereignty in Early Modern Constitutional Thought

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198745167
eISBN:
9780191806094
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198745167.003.0009
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

The chapter investigates Grotius’ use of the Roman law to articulate a concept of popular sovereignty. Using categories derived from the Roman law of persons, Grotius develops a concept of popular ... More


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