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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


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


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


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


Balancing Property Rights and Human Rights in Expropriation

Jeff Waincymer

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0013
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter concentrates on the protection of property rights through expropriation norms and the way the articulation and adjudication of these may impact upon human rights goals. The purpose of ... 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


The Logic of Legal Requirements: Essays on Defeasibility

Jordi Ferrer Beltrán and Giovanni Battista Ratti (eds)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.001.0001
Subject:
Law, Philosophy of Law

When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the ... More


Law as a System of Rules

D. J. GALLIGAN

in Law in Modern Society

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.003.0006
Subject:
Law, Philosophy of Law

The rule of recognition, as a social fact, aids in understanding how social rules make up a system of law in two ways. First, it serves as an ultimate rule that links rules to form a system as it ... More


Legal Reasoning and Legal Theory

Neil MacCormick

in Legal Reasoning and Legal Theory

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198763840
eISBN:
9780191695230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763840.003.0009
Subject:
Law, Philosophy of Law

A theory of legal reasoning requires and is required by a theory of law. It also recognizes that Dworkin's critique of positivists for having concentrated to excess on one type of legal standards, ... More


Legal Validity *

Joseph Raz

in The authority of law: Essays on law and morality

Published in print:
1979
Published Online:
March 2012
ISBN:
9780198253457
eISBN:
9780191681400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253457.003.0008
Subject:
Law, Philosophy of Law

For a rule to become a legal rule, it has to be legally valid. For a law to become a legal law, it has to be legally valid. Similarly, a valid rule is a rule and an invalid rule is not a rule. This ... More


Coherence, Principles, and Analogies

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/9780199571246.003.0010
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of normative coherence. It then discusses analogies and their relevance of what judges call ‘developing the law’, that is extending or restating a legal rule or ... More


H. L. A. Hart and the ‘Open Texture’ of Language

Brian Bix

in Law, Language, and Legal Determinacy

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260509
eISBN:
9780191682100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260509.003.0002
Subject:
Law, Philosophy of Law

Both Hart and Weismann wrote on the existence of ‘open texture’ within the circumstantial gaps of human-flawed rules and practical perception. Weismann derived the term from his approach to ... More


Tort Law and other Legal Categories

Peter Cane

in Tort Law and Economic Interests

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252368
eISBN:
9780191681370
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252368.003.0006
Subject:
Law, Law of Obligations

This chapter discusses forms and sources of protection for economic interests that provide an alternative to the law of tort. It aims to provide an account of alternatives and examines their ... More


Church and State

Huw Pryce

in Native Law and the Church in Medieval Wales

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198203629
eISBN:
9780191675904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198203629.003.0011
Subject:
History, British and Irish Medieval History, History of Religion

Most of the legal rules referred to in this chapter have been discussed earlier in the book, as evidence relating to the temporal rights of churches. This chapter examines some of the implications of ... More


Law and the Limits of Reason

Adrian Vermeule

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.001.0001
Subject:
Law, Constitutional and Administrative Law

Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be ... More


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