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Law Matters

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0004
Subject:
Law, Legal History

Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial ... More


The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Gerhard Dannemann

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.001.0001
Subject:
Law, Comparative Law, Law of Obligations

This book provides a description of the German law of unjustified enrichment. It explains how German law generally allows restitution for transfers made without legal ground (rather than on the basis ... More


Conclusion

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0020
Subject:
Law, Public International Law

Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, ... More


The Constrained Court: Law, Politics, and the Decisions Justices Make

Michael A. Bailey and Forrest Maltzman

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.001.0001
Subject:
Law, Legal History

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical ... More


Exclusion of the Ottoman Empire from the Family of Nations, and Legal Doctrines of Humanitarian Intervention

Davide Rodogno

in Against Massacre: Humanitarian Interventions in the Ottoman Empire, 1815-1914

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151335
eISBN:
9781400840014
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151335.003.0003
Subject:
History, Middle East History

This chapter examines the legal doctrines of humanitarian intervention that were developed in the second half of the nineteenth century. Drawing on nineteenth-century British and French writings, ... More


The Philosophical Foundations of Parliamentary Sovereignty

Jeffrey Goldsworthy

in The Sovereignty of Parliament: History and Philosophy

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199248087
eISBN:
9780191705199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248087.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter shows that the philosophical criticisms against parliamentary sovereignty are based on a defective understanding of the foundations of legal systems, and consequently of the relationship ... More


The Repetitions of History

Robin Feldman

in The Role of Science in Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195368581
eISBN:
9780199867455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368581.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter traces the instinct to reach for science in American legal doctrine back through the 1800s. It examines both the more formal legal theory movements as well as individual doctrinal ... More


Conclusion

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0008
Subject:
Law, Legal History

This concluding chapter first summarizes the book's key themes. These are that justices are influenced by more than just the policy preferences emphasized by the attitudinal model; the law matters ... More


Differences of Degree and Differences of Kind: Diminished Responsibility

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter takes up the Janus-faced nature of diminished responsibility with the aim of exposing what kind of difference is encoded in the diminished responsibility doctrine, or, to put it another ... More


The Discourses of Legal Regulation

Hugh Collins

in Regulating Contracts

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199258017
eISBN:
9780191717857
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258017.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter describes the characteristics of traditional private law and how this form of legal discourse has been subject to productive disintegration. It begins by examining the competing ... More


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