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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 Essence of the Threshold of Legal Regulation

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/9780199546220.003.0004
Subject:
Law, Public International Law

This chapter examines the general aspects of the process of how international legal rules emerge. After examining relevant theories and judicial practice, it concludes that the most proper way of ... More


Doctrinal Treatment of the Effectiveness of Legal Regulation

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/9780199546220.003.0002
Subject:
Law, Public International Law

This chapter examines how the determinacy and effectiveness of legal regulation were first focused upon, and taken as the basis for international legal reasoning, by J. L. Brierly and Sir Hersch ... More


Unfair Contracts

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/9780199258017.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines the regulation of unfairness in contracts in the strict sense of an imbalance between the performances required by each party under the contract. It challenges two popular ... More


Introduction

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/9780199546220.003.0001
Subject:
Law, Public International Law

This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary ... More


The United States of America: Perpetual Campaigning in the Absence of Competition

Shaun Bowler, Todd Donovan, and Jennifer van Heerde

in The Politics of Electoral Systems

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199257560
eISBN:
9780191603280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199257566.003.0009
Subject:
Political Science, Comparative Politics

Although the USA uses the single-member plurality system, its elections look very different to the UK and most other countries. This is partly due to the very decentralized federal nature of ... More


Social Dynamics of Regulatory Interactions: An Exploration of Three Sociological Perspectives

Bettina Lange

in Law and Sociology

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199282548
eISBN:
9780191700200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282548.003.0009
Subject:
Law, Philosophy of Law

This chapter examines how new ways of imagining the social can shed further light on the social relations which are engendered when legal regulation is produced and enforced. It concentrates on ... More


Positive and Negative Regulation of Human Behaviour by Law—The Closure of the Legal Order: Gaps in the Law

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0031
Subject:
Law, Philosophy of Law

The normative legal functions were earlier said to be: commanding, permitting positively, and empowering a certain behaviour. But not the negative permitting of behaviour which is not the object of ... More


Policy Prospects for Regulating Private Military and Security Companies

Eugenio Cusumano

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

Although the PMSI does not operate in a complete legal vacuum, its inherently transnational nature makes traditional state regulation insufficient. The governance of PMCSs is thus a complex endeavour ... 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


Rationality of Contractual Behaviour

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/9780199258017.003.0006
Subject:
Law, Constitutional and Administrative Law

Contractual behaviour appears to be rife with actions that appear to run contrary to rational self-interested action. This chapter begins by explaining how this kind of behaviour can be interpreted ... More


Law's Community: Legal Theory in Sociological Perspective

Roger Cotterrell

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.001.0001
Subject:
Law, Philosophy of Law

This book offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalised doctrine, ... More


The Basis of Legal Regulation and Judicial Review

D. J. Galligan

in Discretionary Powers: A Legal Study of Official Discretion

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198256526
eISBN:
9780191681653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256526.003.0005
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter analyzes the nature and scope of legal regulation. This is not in the nature of a complete treatise on the law relating to discretionary powers; rather the point is to identify some of ... More


The Responsible Corporation: Regulating the Supply Chain

Adrienne Héritier, Anna Kristin Müller‐Debus, and Christian R. Thauer

in The Responsible Corporation in a Global Economy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199592173
eISBN:
9780191729058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592173.003.0006
Subject:
Business and Management, Corporate Governance and Accountability

This chapter includes an empirical study examining the reasons why buyer firms will demonstrate a sense of corporate social responsibility in prescribing—and ensuring—socially responsible actions on ... More


Studying Legal Regulation of Organized Civil Society Cross-Nationally: Analytical Tools and Empirical Strategy

Nicole Bolleyer

in The State and Civil Society: Regulating Interest Groups, Parties, and Public Benefit Organizations in Contemporary Democracies

Published in print:
2018
Published Online:
December 2018
ISBN:
9780198758587
eISBN:
9780191818509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758587.003.0002
Subject:
Political Science, Comparative Politics

This chapter defines the basic concepts this study builds on (state privilege and constraint; legal inclusiveness and complexity) and, on this basis, proposes an analytical framework allowing for the ... More


Conclusion—Imagining Law’s 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/9780198264903.003.0015
Subject:
Law, Philosophy of Law

This final chapter draws together some main themes that have arisen earlier in this book and presents them as different aspects of a single complex problem. The problem lies in a paradox — a package ... More


Interpretation of Customary Rules

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/9780199546220.003.0016
Subject:
Law, Public International Law

This chapter covers the interpretation of customary rules arguably for the first time in English. The nature of customary rules, in terms of whether they are substantive or reference rules, will ... More


Economic Dismissals and Social Cost

Hugh Collins

in Justice in Dismissal: The Law of Termination of Employment

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.003.0006
Subject:
Law, Employment Law

This chapter discusses the legal regulation of economic dismissals and presents an argument that states that the policy of minimizing social cost should comprise one of the principal guides to legal ... More


Speech and Harm: Controversies Over Free Speech

Ishani Maitra and Mary Kate McGowan (eds)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.001.0001
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

Most liberal societies are deeply committed to a principle of free speech. At the same time, however, there is evidence that some kinds of speech are harmful in ways that are detrimental to important ... More


The Legal Regulation of Organized Civil Society: A Comparative Study

Nicole Bolleyer

in The State and Civil Society: Regulating Interest Groups, Parties, and Public Benefit Organizations in Contemporary Democracies

Published in print:
2018
Published Online:
December 2018
ISBN:
9780198758587
eISBN:
9780191818509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758587.003.0001
Subject:
Political Science, Comparative Politics

This introduction specifies the central questions addressed in this study—namely, what are the legal environments (as constituted by binding legal regulation) that have been created in long-lived ... More


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