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MENS REA, ACTUS REUS, AND THE ROLE OF THE STATE

William Schabas

in Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199653072
eISBN:
9780191739361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653072.003.0006
Subject:
Law, Public International Law

Criminal law classically describes offences as being composed of two elements: the mens rea and the actus reus. The mens rea is the guilty mind and the actus reus is the guilty act. The words come ... More


Social Policy: from Domestication to Disarmament

Alexander Somek

in Engineering Equality: An Essay on European Anti-Discrimination Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693375
eISBN:
9780191729737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693375.003.0002
Subject:
Law, Philosophy of Law, EU Law

The impact of the European Union on the social policies of its Member States can generally be described in terms of domestication, assimilation, and disarmament. Social policy has been domesticated ... More


International Law and raison d’état: Rethinking the Prehistory of International Law

Martti Koskenniemi

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0015
Subject:
Law, Legal History

This chapter argues that no continuous tradition of international legal thought exists from early modernity — Gentili, Vitoria, Suárez, Grotius, Pufendorf, Vattel, however one wants to date the ... More


Beyond Doctrine – The Strasbourg Realities

Helen Keller, Magdalena Forowicz, and Lorenz Engi

in Friendly Settlements before the European Court of Human Rights: Theory and Practice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199600977
eISBN:
9780191595820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600977.003.0003
Subject:
Law, Human Rights and Immigration, EU Law

This chapter focuses on the diversity of friendly settlements in appearance and function. It shows the subtle difference between the various forms of friendly settlements and arrangements. It also ... More


All this and Heaven too: Directive Principles of State Policy

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0018
Subject:
Law, Constitutional and Administrative Law

Much of the conflict between the Supreme Court and the Parliament in the early days of the Constitution arose out of the former's failure to appreciate the true nature, significance, and role of the ... More


Recent Developments in Commission State Aid Policy and Practice

Maria Rehbinder

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0006
Subject:
Law, EU Law

This chapter offers some details on the prospects of the State aid discipline. It covers the recent developments of European Commission soft law. It also examines two very different initiatives aimed ... More


The Evolution of European State Aid Policy

Juan Jorge Piernas López

in The Concept of State Aid Under EU Law: From internal market to competition and beyond

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198748694
eISBN:
9780191811234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198748694.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 3 gives an overview of the evolution of the Commission’s policy on State aids. The chapter is mainly based on the work of several political scientists that have divided the evolution of this ... More


A Brief Outline of the Constitution

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter presents a brief outline of the Indian Constitution, starting with the Preamble which sets out the aspirations, hopes, ideals, and results anticipated to be achieved by the people via ... More


The International Context of EC State Aid Law and Policy: The Regulation of Subsidies in the WTO

Luca Rubini

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0008
Subject:
Law, EU Law

This chapter addresses the set of rules that control government subsidization to enterprises in the World Trade Organization (WTO). It specifically outlines the principal characteristics of the WTO ... More


Democracy and the Right to Food

Jean Drěze

in Human Rights and Development: Towards Mutual Reinforcement

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199284627
eISBN:
9780191700316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284627.003.0004
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

This chapter focuses on the right to food as one of the economic and social rights confirmed in the Directive Principles of State Policy. The chapter begins by describing the nutrition emergency in ... More


Regulation of Water: General Instruments and Issues

Philippe Cullet and Sujith Koonan (eds)

in Water Law in India: An Introduction to Legal Instruments

Published in print:
2017
Published Online:
January 2018
ISBN:
9780199472475
eISBN:
9780199089857
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199472475.003.0004
Subject:
Law, Environmental and Energy Law

This chapter focuses on legal instruments that take a broad view of water regulation. There are, as yet, no framework statutory instruments at the state or Union level but drafts have been prepared ... More


Each for All and All for Each: Socialism

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0023
Subject:
Law, Constitutional and Administrative Law

The word ‘socialism’ was introduced into the preamble to the Indian Constitution by the Forty-Second Amendment along with ‘secularism’. Indian socialism is about what the Constitution of India wants ... More


The Phenomenon of State Organized Crime

Henri Decoeur

in Confronting the Shadow State: An International Law Perspective on State Organized Crime

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198823933
eISBN:
9780191862649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823933.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 1 describes the phenomenon of state organized crime. It analyses the context in which state organized crime occurs, highlighting the criminogenic mechanisms at play in ‘shadow states’ and ... More


Tax, Inequality, and Human Rights

Philip G. Alston and Nikki R. Reisch (eds)

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190882228
eISBN:
9780190882266
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882228.001.0001
Subject:
Law, Human Rights and Immigration

This book looks at the linkages between human rights and tax law and reveals their mutual relevance to tackling economic, social, and political inequalities. Against the backdrop of systemic ... More


Taxing for the Realization of Economic, Social, and Cultural Rights

Olivier De Schutter

in Tax, Inequality, and Human Rights

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190882228
eISBN:
9780190882266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882228.003.0003
Subject:
Law, Human Rights and Immigration

This chapter discusses the application of human rights law to state tax policy, identifying normative principles by which UN human rights treaty supervisory bodies—like the Committee on Economic, ... More


‘May your Religion be the Welfare of Humanity’ *: Secularism

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0024
Subject:
Law, Constitutional and Administrative Law

Secularism under the Constitution is fast assuming great significance in India in view of the current, trendy rise of religious fundamentalism and the corresponding rise of political parties based on ... More


Building a Castle, But not in the Air: The Making of the Constitution

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0011
Subject:
Law, Constitutional and Administrative Law

The Constituent Assembly, representing all sectors of society, decided unanimously to produce the Constitution of India. India was constituted into a federal union of states, but the federation ... More


Criminal Law Philosophy in William Schabas’s Scholarship

Margaret M. deGuzman

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0010
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the deontological and consequentialist strains in William Schabas’s scholarship in an effort to illuminate the role that criminal law philosophy plays in much of the ... More


Sexual Harassment: An International Human Rights Perspective

Christine Chinkin

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0038
Subject:
Law, Employment Law

This chapter considers sexual harassment in the workplace from the perspective of international human rights law. Adopting a human rights approach places sexual harassment in the context of women's ... More


The Garden of Fruits and Flowers: Right to Life

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0022
Subject:
Law, Constitutional and Administrative Law

The ‘Right to Life’ guaranteed by Article 21 of the Indian Constitution is the grandest and the most spacious of all the fundamental rights. The right has been progressively interpreted to comprehend ... More


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