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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


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


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


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


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


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


Discipline Exchange on Swaps

Marie-Andrée Jacob

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0018
Subject:
Law, Comparative Law

This chapter examines the kidney swap or kidney paired donation, which is both a method shaped by the medical professions and computer technologies, and a practice shared by patients. It occurs when ... More


Formalism and Efficiency

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/9780199258017.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter draws together the threads of the argument with respect to the question of what kind of regulation of contracts will best support markets. The argument challenges the conventional wisdom ... More


Lost in Translation? An Essay on Law and Neuroscience

Stephen J. Morse

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0028
Subject:
Law, Medical Law

The rapid expansion in neuroscientific research fuelled by the advent of functional magnetic resonance imaging (fMRI) has been accompanied by popular and scholarly commentary suggesting that ... More


Legal Theory and the Image of Legality

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0013
Subject:
Law, Philosophy of Law

What kind of legal theory is needed to take account of changes in the nature of regulation discussed in the previous chapter? It must be theory focusing on the complexity, diversity, and indefinite ... More


Law and Sociology: The Constitution and Confrontations of Disciplines

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0003
Subject:
Law, Philosophy of Law

How should law as a discipline or intellectual field be viewed sociologically? Indeed, what does it mean to speak of intellectual disciplines, and how can disciplines confront each other? Law and ... More


Manifest Madness: Mental Incapacity in the Criminal Law

Arlie Loughnan

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.001.0001
Subject:
Law, Criminal Law and Criminology

Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a ... More


Jurisdiction-Regulating Norms, Derived from Sources Other than Treaties, as Applied by International Courts and Tribunals

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0007
Subject:
Law, Public International Law

This chapter identifies the complementary rules of customary law and the applicable general principles of law. The first section addresses the application of traditional jurisdiction-regulating rules ... More


Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea*

Reinhard Zimmermann

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0001
Subject:
Law, Company and Commercial Law

This chapter focuses on a key document within the process of the Europeanisation of private law legal scholarship, the Principles of European Contract Law (PECL). It suggests that these principles ... More


Using Precedents

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/9780199571246.003.0008
Subject:
Law, Philosophy of Law

This chapter argues that in addition to doctrines of positive law telling us what authority is to be ascribed to judicial precedents, we must also have to have theories of precedent. For without some ... More


Socio-legal Studies: Between Policy and Community

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0014
Subject:
Law, Philosophy of Law

Socio-legal scholarship shows through systematic behavioural studies what law as institutionalised doctrine means in the varied local contexts of social life, where its ultimate value and ... More


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