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Legality's Borders: An Essay in General Jurisprudence

Keith Culver and Michael Giudice

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.001.0001
Subject:
Law, Philosophy of Law

Analytical legal theories are increasingly sophisticated, yet their development is uneven. While admirably adapted to explaining the unitary law-state, they are poorly suited to characterizing new ... More


The Legitimacy of the International Legal System

Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.003.0007
Subject:
Political Science, Political Theory

Completes the second part of the book, and relies on the conception of political legitimacy delineated in Ch. 5 to advance a justice‐based, rather than a consent‐based, account of system legitimacy: ... More


The European Court and Integration

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0001
Subject:
Political Science, European Union

Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of ... More


The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Nils Jansen

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.001.0001
Subject:
Law, Philosophy of Law

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit ... More


Constitutional Constraints on Power

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0013
Subject:
Political Science, Political Theory

In a polycentric constitutional order, as distinct from a monocentric one, multiple legal systems exercise the judicial function and law enforcement agencies exercise the executive function. These ... More


Constructing a Supranational Constitution

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0002
Subject:
Political Science, European Union

The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the ... More


Comparative Federalism and the Issue of Commandeering

Daniel Halberstam

in The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199245000
eISBN:
9780191599996
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199245002.003.0009
Subject:
Political Science, European Union

Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component ... More


European Integration and the Legal System

Alec Stone Sweet

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0002
Subject:
Political Science, European Union

Assesses the interaction between developments in EU law and the politics of integration, and is primarily concerned with the impacts of the courts on the evolution of EU institutions (rules and ... More


The hierarchical view of legal system and non-state legality

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.002
Subject:
Law, Philosophy of Law

This chapter examines Raz's theory of legal system, which explicitly sets out to overcome difficulties in Hart's account regarding the identity and borders of legal systems by introducing new ... More


Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Allen Buchanan

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.001.0001
Subject:
Political Science, Political Theory

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in ... More


Legal officials, the rule of recognition, and international law

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.001
Subject:
Law, Philosophy of Law

This chapter analyzes the limits to Hart's account of an official-operated rule of recognition as an account of the existence and borders of legal systems. The argument is developed via assessment of ... More


The Free Movement of Goods

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0003
Subject:
Political Science, European Union

The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about ... More


The European Court and Integration

Alec Stone Sweet and Thomas Brunell

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0008
Subject:
Political Science, Comparative Politics

To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ... More


Practitioner Perspectives

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0006
Subject:
Law, EU Law

This chapter considers the experiences of practitioners who work inside and around the international human rights legal system. Those insider views—many of them from lawyers who have one foot in ... More


Imagining a Polycentric Constitutional Order: A Short Fable

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0014
Subject:
Political Science, Political Theory

This chapter tells a fictional tale of a polycentric legal order to better enable readers to understand the principles described in Ch. 13.


The Commitment to Justice

Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.003.0002
Subject:
Political Science, Political Theory

Begins the task of laying the foundations for a justice‐based theory of international law, and presents three main arguments. The first argument is that justice should be a primary moral goal of the ... More


System Reform

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0007
Subject:
Law, EU Law

This chapter considers areas where reforms could make the international human rights legal system more effective and influential. In particular, it examines just what kinds of reforms are achievable ... More


An inter-institutional account of non-state legality

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.005
Subject:
Law, Philosophy of Law

Separation of legality from the state is what enables our view to better explain without distortion the various forms of non-state prima facie legality whose emergence is too pervasive to leave ... More


The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Luca Rubini

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.001.0001
Subject:
Law, Public International Law, EU Law

This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the ... More


The Problem of Human Rights

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0001
Subject:
Law, EU Law

This book examines whether more international legal instruments and procedures would be helpful while probing the actions that states can take in tandem to the large and increasingly elaborate ... More


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