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Tradition and Sovereignty: Conflicts over the Forests of Dir‐Kohistan

Shaheen Rafi Khan

in Promise, Trust and Evolution: Managing the Commons of South Asia

Published in print:
2008
Published Online:
May 2008
ISBN:
9780199213832
eISBN:
9780191707438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213832.003.0014
Subject:
Economics and Finance, South and East Asia

Resource rights in Dir-Kohistan are governed by two concurrent systems of law and governance. Customary law has its origins in the garzinda wesh system introduced in the early 17th century. Statutory ... More


Introduction: From the Contract of Employment to the Personal Employment Contract—Expansion and Restatement

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0001
Subject:
Law, Company and Commercial Law

This introductory chapter describes the scope of the book and the method of analysis used. It identifies the differences between the present volume and the original work. It also considers the ... More


Civil Liability for Market Abuse in the UK

EMILIOS AVGOULEAS

in The Mechanics and Regulation of Market Abuse: A Legal and Economic Analysis

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199244522
eISBN:
9780191715105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244522.003.0008
Subject:
Law, Competition Law

This chapter discusses investor remedies for insider dealing and market manipulation under UK statutory law, at common law, and in equity. It is customary to include under the heading of civil ... More


Statutes and their Construction

Thomas Lundmark

in Charting the Divide Between Common and Civil Law

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199738823
eISBN:
9780190259914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199738823.003.0008
Subject:
Law, Comparative Law

This chapter examines statutes and their interpretation in four jurisdictions: Germany, England and Wales, Sweden, and the United States. It begins by tracing the history of statutory lawmaking in ... More


The Sovereignty of Parliament: History and Philosophy

Jeffrey Goldsworthy

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199248087
eISBN:
9780191705199
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248087.001.0001
Subject:
Law, Constitutional and Administrative Law

The doctrine of parliamentary sovereignty has long been regarded as the most fundamental element of the British Constitution. It holds that Parliament has unlimited legislative authority, and that ... More


Statutory and Common Law Interpretation

Kent Greenawalt

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.001.0001
Subject:
Law, Philosophy of Law

This book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are “faithful agents” of the legislature or ... More


The Pivotal Characterization: Ancient Law as Non-Statutory Law

Joshua A. Berman

in Inconsistency in the Torah: Ancient Literary Convention and the Limits of Source Criticism

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190658809
eISBN:
9780190675295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190658809.003.0006
Subject:
Religion, Judaism, Religion in the Ancient World

Scholars of biblical law have long seen the inconsistencies among the law corpora of the Pentateuch as signs of schools and communities in conflict. This chapter offers an introductory foundation for ... More


The Statutory Framework

Eric A. Posner and Adrian Vermeule

in The Executive Unbound: After the Madisonian Republic

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199765331
eISBN:
9780190259952
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199765331.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the statutory framework for the administrative state, examining both framework statutes intended to check presidential power, and the Administrative Procedure Act (APA), ... More


Authors, Users, and Pirates: Copyright Law and Subjectivity

James Meese

Published in print:
2018
Published Online:
September 2018
ISBN:
9780262037440
eISBN:
9780262344517
Item type:
book
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037440.001.0001
Subject:
Society and Culture, Technology and Society

How should we think about authorship, use and piracy in an era of media convergence? How does the growing focus on amateur creativity impact on existing legal and cultural understandings of around ... More


The Misapplication of “Strict Construction” and the Semblance of Contradiction

Joshua A. Berman

in Inconsistency in the Torah: Ancient Literary Convention and the Limits of Source Criticism

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190658809
eISBN:
9780190675295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190658809.003.0007
Subject:
Religion, Judaism, Religion in the Ancient World

The notion of statutory jurisprudence mandates that judges adhere to the exact words of the code because the code, by definition, is autonomous and exhaustive. This hermeneutic has had a profound ... More


Conclusion

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0008
Subject:
Law, Comparative Law

This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the social ... More


Pragmatic Vagueness in Statutory Law

Andrei Marmor

in Vagueness and Law: Philosophical and Legal Perspectives

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198782889
eISBN:
9780191826108
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782889.003.0007
Subject:
Law, Philosophy of Law

This chapter develops the idea that conversational (or pragmatic) vagueness is distinct from semantic vagueness and largely independent of it. An expression is conversationally vague when its ... More


I Did and I Don’t Regret It: Child Marriage and the Contestation of Childhood, 1880–1925

Nicholas L. Syrett

in American Child Bride: A History of Minors and Marriage in the United States

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469629537
eISBN:
9781469629551
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469629537.003.0007
Subject:
History, European Medieval History

As reformers and lawmakers raised the age of consent to marriage and made it more difficult for minors to become husbands and wives, young people reacted by marrying extralegally. From the late ... More


My Little Girl Wife: The Transformation of Childhood and Marriage in the Late Nineteenth Century

Nicholas L. Syrett

in American Child Bride: A History of Minors and Marriage in the United States

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469629537
eISBN:
9781469629551
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469629537.003.0006
Subject:
History, European Medieval History

By the later nineteenth century, ideas about childhood and about marriage had undergone significant transformations in the United States, especially among the middle class. Children were now seen as ... More


Murder Laws and Terminology

Roger W. Shuy

in The Language of Murder Cases: Intentionality, Predisposition, and Voluntariness

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199354832
eISBN:
9780199398454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199354832.003.0002
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter describes the laws about murder, noting variations of common law, the Model Penal Code, and statutory law that contain key abstract legal terms, including those in focus for this book. ... More


The Work of the Law Commission

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0010
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Law reform is vital and the Law Commission plays a significant role in addressing this need. Changes or revisions within the law can become necessary as a result of technological innovation or ... More


Introductions: Sara’s Case, Sexual Exploitation, and Legal Terms

Jennifer Ann Drobac

in Sexual Exploitation of Teenagers: "Adolescent Development, Discrimination, and Consent Law"

Published in print:
2016
Published Online:
September 2016
ISBN:
9780226301013
eISBN:
9780226301150
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226301150.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter introduces “Sara,” a teen revisited throughout the book. It details how her workplace supervisor sexually exploited her. It describes how other teenagers at work, at school, and in ... More


Conclusion

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0008
Subject:
Law, Comparative Law

This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the ... More


Fitness to Stand Trial under Australian Law

Ian Freckelton

in Fitness to Plead: International and Comparative Perspectives

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.003.0008
Subject:
Law, Comparative Law

This chapter reviews the statutory and case law in relation to fitness to stand trial in the Australian jurisdictions. There is significant disuniformity amongst Australian jurisdictions in relation ... More


“Sensured to be whipped uppon a Lecture daie”

Heather Miyano Kopelson

in Faithful Bodies: Performing Religion and Race in the Puritan Atlantic

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479805006
eISBN:
9781479814268
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479805006.003.0010
Subject:
History, American History: early to 18th Century

This chapter examines the legal shift in the status of women of color in seventeenth-century Bermuda following the appearance of racial distinctions in Bermudian statutory law regulating sex. In ... More


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