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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


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


Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Lars Vinx

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.001.0001
Subject:
Law, Philosophy of Law

Hans Kelsen is considered to be one of the founding fathers of modern legal philosophy. But despite Kelsen's prominence as a legal theorist, his political theory has been mostly overlooked. This book ... More


Rethinking the informal economy: linkages with the formal economy and the formal regulatory environment

Martha Alter Chen

in Linking the Formal and Informal Economy: Concepts and Policies

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199204762
eISBN:
9780191603860
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199204764.003.0005
Subject:
Economics and Finance, Development, Growth, and Environmental

This paper explores the relationship of the informal economy to the formal economy and to the formal regulatory environment. It begins with a comparison of the earlier concept of the ‘informal ... More


Communicating Justice: The Second‐Order Problem of Knowledge

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:
10.1093/0198297297.003.0005
Subject:
Political Science, Political Theory

The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed ... More


The Limits of Humanitarian Intervention from the Air: The Cases of Bosnia and Kosovo

Nicholas J. Wheeler

in Saving Strangers: Humanitarian Intervention in International Society

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199253104
eISBN:
9780191600302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199253102.003.0009
Subject:
Political Science, International Relations and Politics

Shows how the international community learnt particular lessons from the Bosnian conflict that it applied to the crisis in Kosovo. It explores the legality and legitimacy of NATO action in bombing ... More


Litigating the Child's Right to a Life Free from Violence: Seeking the Prohibition of Parental Physical Punishment of Children Through the Courts

Aoife Nolan

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0029
Subject:
Law, Family Law, Human Rights and Immigration

Litigation efforts seeking the prohibition of parental physical punishment (PPP) have met with mixed success. While some judicial and quasi-judicial bodies have been prepared to hold that such ... More


Fresh problems

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/9780195370751.003.006
Subject:
Law, Philosophy of Law

This chapter argues how the problems of continuity and identity, declared unsolved by Raz, are fundamentally altered. The old conceptions of the problems are thoroughly state-, official-, system-, ... More


Legitimacy and Norms

Ian Clark

in Legitimacy in International Society

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199219193
eISBN:
9780191717734
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219193.003.0012
Subject:
Political Science, International Relations and Politics

This chapter analyzes the relationship between legitimacy and its cognate norms; namely, those of legality, morality, and constitutionality. It criticizes propositions to the effect that a choice can ... More


Introduction: An Islamic Diasporic Framework in Britain and the United States

Kathleen M. Moore

in The Unfamiliar Abode: Islamic Law in the United States and Britain

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195387810
eISBN:
9780199777242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387810.003.0000
Subject:
Religion, Islam

This introductory chapter begins by describing the core of the book, which is about the emergence of an Islamic diasporic legality among British and American Muslim communities. In a general sense, ... More


Epilogue

Kathleen M. Moore

in The Unfamiliar Abode: Islamic Law in the United States and Britain

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195387810
eISBN:
9780199777242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387810.003.0006
Subject:
Religion, Islam

This epilogue summarizes the insights gleaned from juxtaposing circumstances and discursive projects in the United States and Britain. It reviews how deeply rooted the images of the Muslim Other are ... More


Who Gets to Be Wanton?

Colin Dayan

in The Law Is a White Dog: How Legal Rituals Make and Unmake Persons

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691070919
eISBN:
9781400838592
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691070919.003.0006
Subject:
Literature, Criticism/Theory

This chapter explains that in the trade-off between dignity and degradation, the rights of humans are pitted against the treatment of animals. Recall earlier discussions of retribution for unnatural ... More


The Multiple Faces of the State and its Underlying Unity

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/9780199587612.003.0007
Subject:
Political Science, Comparative Politics, Democratization

This chapter begins by noting that the state offers numerous faces, from the great rituals it enacts to the opaque daily transactions of its multiple bureaucracies. It also stresses that those faces ... More


Willful Ignorance, Knowledge, and the ‘Equal Culpability’ Thesis: A Study of the Deeper Significance of the Principle of Legality

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0009
Subject:
Law, Philosophy of Law

This chapter examines the significance of the principle of legality in the context of the phenomenon of willful ignorance (or blindness). It begins by describing the culpable state of willful ... 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


An inter-institutional theory

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/9780195370751.003.004
Subject:
Law, Philosophy of Law

This chapter presents the elements of an “inter-institutional theory” of legality. It argues that the elements of legality can combine in different ways and at varying levels of intensity, which ... More


Law and Informal Practices: The Post-Communist Experience

Denis J. Galligan and Marina Kurkchiyan (eds)

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199259366
eISBN:
9780191698606
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259366.001.0001
Subject:
Law, Legal Profession and Ethics

This book is a work in socio-legal studies, examining the functions and effectiveness of law in the countries of the former Soviet Union. As the transition away from communism enters its second ... More


The Amount of Criminal Law

Douglas Husak

in Overcriminalization: The Limits of the Criminal Law

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195328714
eISBN:
9780199869947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328714.003.0001
Subject:
Philosophy, Moral Philosophy

The size and scope of the criminal law have undergone a remarkable expansion in the past few decades. This expansion has led to unprecedented levels of punishment, much of it unjust. This chapter is ... More


CCTV and Policing: Public Area Surveillance and Police Practices in Britain

Benjamin J. Goold

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265145
eISBN:
9780191699023
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265145.001.0001
Subject:
Law, Criminal Law and Criminology

This book is the first major published work to present a comprehensive assessment of the impact of CCTV on the police in Britain. Drawing extensively upon empirical research, the volume examines how ... More


The Pure Theory of Law—Science or Political Theory?

Lars Vinx

in Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.003.0002
Subject:
Law, Philosophy of Law

This chapter discusses Kelsen's claim that the Pure Theory of Law is a purely descriptive science of law. This Kelsenian self-understanding turns out to be questionable. Key elements of Kelsen's ... More


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