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Property and Community

Gregory S. Alexander and Eduardo M. Peñalver (eds)

Published in print:
2009
Published Online:
May 2010
ISBN:
9780195391572
eISBN:
9780199775804
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391572.001.0001
Subject:
Law, Environmental and Energy Law

The relationship between individuals and communities — all manner of communities, but especially the state — is a central preoccupation of property theory. Across a broad range of property thought — ... More


Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Erich Vranes

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.001.0001
Subject:
Law, Public International Law, EU Law

This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ... More


 Resistance and Responsibility

Ann E. Cudd

in Analyzing Oppression

Published in print:
2006
Published Online:
May 2006
ISBN:
9780195187434
eISBN:
9780199786213
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195187431.003.0007
Subject:
Philosophy, Political Philosophy

This chapter discusses strategies to resist oppression. It argues that resistance to oppression is possible and morally required, and demonstrates that for virtually all different forms of oppression ... More


Unmasking the ‘personality’ of the state—Max Weber, Staatsrechtslehre, and the modern state

Duncan Kelly

in The State of the Political: Conceptions of Politics and the State in the Thought of Max Weber, Carl Schmitt, and Franz Neumann

Published in print:
2003
Published Online:
January 2012
ISBN:
9780197262870
eISBN:
9780191734892
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197262870.003.0003
Subject:
Political Science, Political Theory

This chapter examines Max Weber's rejection of an idea central to nineteenth-century Staatsrechtslehre. This is the notion that the state itself is a ‘personality’. After outlining some of the main ... More


The Conceptualization of War and the Value of Political Traditions

Karma Nabulsi

in Traditions of War: Occupation, Resistance and The Law

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.003.0004
Subject:
Political Science, International Relations and Politics

This is the third of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed, and ... More


The Province of Jurisprudence Democratized

Allan C. Hutchinson

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.001.0001
Subject:
Law, Philosophy of Law

This book explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the ... More


Narratives of Islamic Legal Theory

Rumee Ahmed

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199640171
eISBN:
9780191738074
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199640171.001.0001
Subject:
Law, Philosophy of Law

In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a ... More


In the Interest of the Governed: A Study in Bentham's Philosophy of Utility and Law

David Lyons

Published in print:
1991
Published Online:
October 2011
ISBN:
9780198239642
eISBN:
9780191679971
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239642.001.0001
Subject:
Philosophy, Political Philosophy, History of Philosophy

Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read, but often caricatured. This book, based on a study of Bentham's ... More


Punishment, Responsibility, and Justice: A Relational Critique

Alan Norrie

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.001.0001
Subject:
Law, Comparative Law, Philosophy of Law

This book builds upon previous work in the philosophy of punishment and criminal law to develop a critique of Kantian justice thinking. It casts a new light on recent debates about punishment and the ... More


Agency: Origins, Concomitants, and Expansion

Guillermo O'Donnell

in Democracy, Agency, and the State: Theory with Comparative Intent

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199587612
eISBN:
9780191723384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587612.003.0003
Subject:
Political Science, Comparative Politics, Democratization

This chapter traces the origins of the conception of the human being as an agent, i.e., somebody endowed with practical reason and moral judgement. It then looks at the embodiment of this conception ... More


Law and Republicanism: Mapping the Issues

Samantha Besson and José Luis Martí

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This introductory chapter discusses some of the fundamental theoretical principles underlying republicanism in general, and legal republicanism in particular. The goal is to set a research agenda for ... More


Two Views of the Nature of the Theory of Law: A Partial Comparison 1

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0003
Subject:
Law, Philosophy of Law

This chapter considers the theses of Ronald Dworkin and HLA Hart. It explains (1) why Dworkin was wrong to think that Hart and others were concerned with the meaning of the word ‘law’; (2) why ... More


A General Jurisprudence of Law and Society

Brian Z. Tamanaha

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.001.0001
Subject:
Law, Philosophy of Law

This book provides a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society — a reflection of its customs and ... More


The Emergence of Formal Law-Ascertainment in the Theory of the Sources of International Law

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0003
Subject:
Law, Public International Law, Philosophy of Law

This chapter discusses the emergence of formal law-ascertainment as it growingly manifested itself in a model of ascertainment based on the pedigree of rules (the so-called source thesis) in general ... More


On the Authority and Interpretation of Constitutions: Some Preliminaries

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0013
Subject:
Law, Philosophy of Law

This chapter discusses the authority and interpretation of constitutions. A principle of constitutional theory that commands widespread support says that the principles of constitutional ... More


Law and Childhood Studies: Current Legal Issues Volume 14

Michael Freeman (ed.)

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.001.0001
Subject:
Law, Family Law, Human Rights and Immigration

The Current Legal Issues series is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law ... More


Can There be a Theory of Law? 1

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0002
Subject:
Law, Philosophy of Law

This chapter argues that a theory of law is successful if it meets two criteria: first, it consists of propositions about the law which are necessarily true, and, second, they explain what the law ... More


Rights Without Trimmings

MATTHEW H. KRAMER

in A Debate Over Rights: Philosophical Enquiries

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.003.0002
Subject:
Law, Philosophy of Law

This chapter presents a detailed exposition of the Hohfeldian analysis of legal positions (rights, duties, liberties, no-rights, powers, liabilities, immunities, and disabilities). It then presents ... More


Fragmented Foundations: Societal Constitutionalism beyond the Nation State

Gunther Teubner

in The Twilight of Constitutionalism?

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585007
eISBN:
9780191723469
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585007.003.0016
Subject:
Law, Constitutional and Administrative Law

This chapter, beginning from the empirical observation that transnational private actors intensively regulate entire areas of life through their own private governance regimes, seeks to reposition ... More


The State as Law: Contributions and Ambivalences 1

Guillermo O'Donnell

in Democracy, Agency, and the State: Theory with Comparative Intent

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199587612
eISBN:
9780191723384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587612.003.0006
Subject:
Political Science, Comparative Politics, Democratization

This chapter insists and elaborates on an assertion made in preceding chapters, namely, that the legal system is an intrinsic part of the state and that, consequently, it is a mistake to conflate it ... More


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