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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


Should We Value Legislative Integrity?

Andrei Marmor

in Law in the Age of Pluralism

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195338478
eISBN:
9780199855360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338478.003.0002
Subject:
Law, Philosophy of Law

This chapter challenges the widely held view that legislative integrity is a distinct political ideal. According to this ideal, lawmakers should try to make the total set of laws they enact as ... More


The Immorality of Textualism

Andrei Marmor

in Law in the Age of Pluralism

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195338478
eISBN:
9780199855360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338478.003.0008
Subject:
Law, Philosophy of Law

This chapter argues that textualism, as a doctrine of statutory interpretation, is inherently deceptive and therefore immoral. Textualism is typically presented by its adherents as an interpretive ... More


Constitutional Rights and Statutory Limitations

Julian Rivers

in Institutionalized Reason: The Jurisprudence of Robert Alexy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.003.0011
Subject:
Law, Philosophy of Law

Rights under the European Convention on Human Rights tend to be formulated broadly. Thus, the fundamental constitutional problem is not how to distinguish matters of constitutional right from matters ... More


Contempt of the Legislature

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198265849
eISBN:
9780191715280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265849.003.0009
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The penal jurisdictions of modern legislatures include powers to summon persons, to examine them on oath, fine them, and even detain them for disobedience to legislative orders. These contempt powers ... More


Criminal Attempts

R. A. Duff

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198262688
eISBN:
9780191682384
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262688.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in ... More


The Nature of Legislative Intent

Richard Ekins

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646999
eISBN:
9780191741159
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646999.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Is legislative intent a fiction? The legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow ... More


Anglo-American Reflections *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0017
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

The constitution remains a remarkably democratic document, designed to ensure that the will of the majority shall prevail. Every fourth-former ... More


Between Rights and Bills of Rights

Jeremy Waldron

in Law and Disagreement

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262138
eISBN:
9780191682308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262138.003.0010
Subject:
Law, Philosophy of Law

This chapter asks: should we embody our rights in legalistic formulas and proclaim them in a formal Bill of Rights? Or should we leave them to evolve informally in dialogue among citizens, ... More


Introduction

Jeremy Waldron

in Law and Disagreement

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262138
eISBN:
9780191682308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262138.003.0001
Subject:
Law, Philosophy of Law

This chapter introduces the arguments of this book. It considers why there is not a unified theory of justice. The aim of this book is not to discredit or distract from the task of theorizing about ... More


Legislatures in Legal Philosophy

Jeremy Waldron

in Law and Disagreement

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262138
eISBN:
9780191682308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262138.003.0002
Subject:
Law, Philosophy of Law

This chapter examines the influence or impact of legislature on modern jurisprudence in the context of legal philosophy. Legislatures is the topic to which philosophers of law have devoted the least ... More


Text and Polyphony

Jeremy Waldron

in Law and Disagreement

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262138
eISBN:
9780191682308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262138.003.0004
Subject:
Law, Philosophy of Law

This chapter discusses the character and conditions of deliberation in the legislature and looks at its relation to the textual character of the law that is enacted as the upshot of such ... More


Legislation, Authority, and Voting

Jeremy Waldron

in Law and Disagreement

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262138
eISBN:
9780191682308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262138.003.0005
Subject:
Law, Philosophy of Law

Chapter 5 focuses on the processes involved in the enactment of laws in the legislature including voting and majority decision. The chapter looks at the process whereby a proposition ceases to be ... More


Legislators’ Intentions and Unintentional Legislation

Jeremy Waldron

in Law and Disagreement

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262138
eISBN:
9780191682308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262138.003.0006
Subject:
Law, Philosophy of Law

This chapter looks at the issue of the intentionality of statutes. It argues that, under the conditions of modern legislation, it is often implausible to describe legislative acts as intentional ... More


Against Moral Disestablishment

Neil MacCormick

in Legal Right and Social Democracy: Essays in Legal and Political Philosophy

Published in print:
1984
Published Online:
March 2012
ISBN:
9780198255024
eISBN:
9780191681561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255024.003.0002
Subject:
Law, Philosophy of Law

There are some moral values which ought to be enforced in law. The legitimacy of using laws to moral ends has been a much disputed point in modern times. This chapter is about the question of whether ... More


Judges as Faithful Agents or Independent, Cooperative Actors?

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0002
Subject:
Law, Philosophy of Law

This chapter mainly inquires how courts should regard the basic relation between legislatures and themselves: are they faithful agents or independent partners, or both? It shows that faithful agency ... More


The Place of Legislative History, and Purpose v. Specific Meanings

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0004
Subject:
Law, Philosophy of Law

This chapter first discusses the status of legislative history, a critical component of how courts should discern a statute's original meaning. Used without serious controversy during most of the ... More


Relative Authority Inside the State

Nicole Roughan

in Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671410
eISBN:
9780191751783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671410.003.0012
Subject:
Law, Philosophy of Law

This chapter examines the implications of relative authority for understanding and evaluating relationships between the judicial, legislative, and executive branches of government, and for the ... More


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