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Legal Pluralism

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter advances a modest account of legal pluralism and its significance for states. It argues that a legal order can contain multiple rules of recognition that lead to the order containing ... More


Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships

Aurelia Colombi Ciacchi and Stephen Weatherill (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594559
eISBN:
9780191595714
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594559.001.0001
Subject:
Law, Comparative Law, EU Law

Private persons often stand surety for a business debt incurred by family members, friends, or employers. These suretyships are commonly banking guarantees contracted by means of standard terms. ... More


democratic adjudication

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0006
Subject:
Law, Philosophy of Law

This chapter uses the dispute-resolution account of legal authority to describe the basic relationship between adjudication and legislation in a democracy. While statutes and other general legal ... More


LEGAL THEORY AND THE RATIONAL ACTOR

Claire. Finkelstein

in The Oxford Handbook of Rationality

Published in print:
2004
Published Online:
January 2005
ISBN:
9780195145397
eISBN:
9780199752393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195145399.003.0021
Subject:
Philosophy, Philosophy of Mind

On a view that emerges from the “law and economics movement,” the purpose of law is to ensure that when individual citizens seek to maximize their individual utility, they will incidentally maximize ... More


Disputes, legal rules, and democracy

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0005
Subject:
Law, Philosophy of Law

This chapter extends the analysis applied in Chapter 3 from a basic, bipartite, ex post model of dispute resolution to the context of prospective general legal rules. It first outlines the ... More


State Immunity

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0008
Subject:
Law, Human Rights and Immigration

This chapter evaluates the Court's references to international State immunity law in Al-Adsani v. United Kingdom, Fogarty v. United Kingdom, and McElhinney v Ireland. The three cases concerned a very ... More


The Legal Boundary Between the Garden and the Wilderness: Legislation or the Free Exercise Clause?

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0002
Subject:
Religion, Religion and Society

Examines the various legal standards, rules, or tests that have been used by the U.S. Supreme Court to resolve free exercise cases, and places these tests within the full factual and legal contexts ... More


Against Defeasibility of Legal Rules *

Jorge L. Rodriguez

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0006
Subject:
Law, Philosophy of Law

This chapter focuses on the thesis that all legal rules are defeasible in the sense that they are open to a set of exceptions incapable of exhaustive statement. It presents this thesis through an ... More


Remarks from a Comparative and EU Perspective

Stephen Weatherill and Aurelia Colombi Ciacchi

in Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594559
eISBN:
9780191595714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594559.003.0003
Subject:
Law, Comparative Law, EU Law

This chapter begins with a discussion of the different forms and shapes of suretyships, and the diverse legal responses to them. It then addresses the question of whose interests should prevail. This ... More


Modeling Legal Rules

Richard Holton

in Philosophical Foundations of Language in the Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199572380
eISBN:
9780191728914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572380.003.0008
Subject:
Law, Philosophy of Law

Building on earlier work, this chapter develops a model of legal rules that admit of exceptions but are nonetheless governed by classical logic. The account is defended against alternative accounts ... More


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