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The Reflections of a Craftsman

Brian Simpson

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/9780199566181.003.0014
Subject:
Law, Legal History

This chapter examines the role of judges as lawmakers in the common law tradition, the question being whether their job is solely to say what the law is, not to create it, or do they have a ... More


The English Law of Search and Seizure, 1485–1642

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0003
Subject:
Law, Legal History

This chapter discusses the changes in English law of search and seizure between 1485 and 1642. By multiplying the types of search and seizure, Tudor–Stuart lawmakers multiplied the circumstances in ... More


Religious Lawmakers on Moral Identity and Abortion Law

Lucinda Peach

in Legislating Morality: Pluralism and Religious Identity in Lawmaking

Published in print:
2002
Published Online:
February 2006
ISBN:
9780195143713
eISBN:
9780199786053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019514371X.003.0004
Subject:
Philosophy, General

This chapter examines the role that religion may play in the life of political leaders. It looks at how several prominent American political leaders have articulated the place of religion in their ... More


Of Tastes and Values: What Economics Can Tell Us About Them

Guido Calabresi

in The Future of Law and Economics: Essays in Reform and Recollection

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter argues that economists are very well suited to examine and elucidate the consequences of some tastes and values. Contrary to economists' traditional claim that they have nothing to say ... More


Prologue: Institutional Theory and the Lawmaker’s Perspective

NEIL MacCORMICK

in Rhetoric and The Rule of Law: A Theory of Legal Reasoning

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199571246
eISBN:
9780191713064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571246.003.0001
Subject:
Law, Philosophy of Law

This chapter begins with a brief description of the purpose of the book, which is to offer a theory of legal argumentation, revising the positions presented in the author's Legal Reasoning and Legal ... More


The Legal Status of the Fetus

John Seymour

in Childbirth and the Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.003.0008
Subject:
Law, Medical Law

This chapter examines some assumptions underlying the law’s attempts to deal with claims advanced on behalf of the fetus. The purpose is to determine how the lawmakers view the fetus and whether it ... More


The Judge as Lawmaker: An English Perspective *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0002
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

The role of judges as lawmakers has over the years been the subject of much discussion. There appear, broadly speaking, to be four schools of ... More


Bentham's Of Laws in General

H. L. A. Hart

in Essays on Bentham: Jurisprudence and Political Philosophy

Published in print:
1982
Published Online:
March 2012
ISBN:
9780198254683
eISBN:
9780191681509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254683.003.0006
Subject:
Law, Philosophy of Law

Bentham's Of Laws in General is a remarkable work with a remarkable history. This chapter provides a brief mention of the salient features of the story. Of Laws in General is in fact a continuation ... More


Parliament and the Law1

A. Mark Godfrey

in Parliament in Context, 1235–1707

Published in print:
2010
Published Online:
September 2012
ISBN:
9780748614868
eISBN:
9780748672233
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748614868.003.0006
Subject:
History, British and Irish Medieval History

This chapter considers parliament's role as a lawmaker, and shows how it evolved from a body in the fifteenth century that was as much concerned with judicial business as it was with legislation, ... More


Corruption Is The Fashion

Mark Wahlgren Summers

in The Ordeal of the Reunion: A New History of Reconstruction

Published in print:
2014
Published Online:
January 2015
ISBN:
9781469617572
eISBN:
9781469617596
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469617572.003.0013
Subject:
History, American History: Civil War

This chapter focuses on corruption in the postwar years. By the 1870s it seemed Americans could hardly look anywhere without finding corruption. Every state had complaints about lawmakers' stupidity, ... More


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