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On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


Glanville Llewelyn Williams 1911–1997

P. R. Glazebrook

in Proceedings of the British Academy, Volume 115 Biographical Memoirs of Fellows, I

Published in print:
2003
Published Online:
January 2013
ISBN:
9780197262788
eISBN:
9780191754210
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197262788.003.0021
Subject:
History, Historiography

Glanville Williams was an eminent jurist, specialising in criminal law, the publication of whose Criminal Law: The General Part in 1953 transformed scholarly and professional attitudes to its ... More


From Protestant Idealism to Scientific Pragmatism

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the clash between Protestant idealism and secular or scientific pragmatism that was evident during the American culture wars had a direct counterpart in American ... More


The Province of Jurisprudence Compromised

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0001
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of the purpose of this book, which is to expose the failings and frailties of analytical jurisprudence and suggest an alternative approach to legal theory. It ... More


The Province of Jurisprudence Revisited

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews Austin's approach to jurisprudence and traces its continuing influence on the performance of jurisprudence today. Rather than offer a flat chronological narrative, it presents a ... More


Jurisprudence 1

Barry Nicholas

in The History of the University of Oxford: Volume VII: Nineteenth-Century Oxford, Part 2

Published in print:
2000
Published Online:
October 2011
ISBN:
9780199510177
eISBN:
9780191700972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199510177.003.0015
Subject:
History, British and Irish Modern History

The state of legal education in England had been a cause for public concern for some twenty years before the creation of the School of Law and Modern History at Oxford University in 1850. Such ... More


The Corpus Chair and Oxford Jurisprudence as Evolved by 1952

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.003.0002
Subject:
Law, Philosophy of Law

This chapter details how it came about that Hart was elected to the Oxford Chair of Jurisprudence on 9 February 1952, a position which had begun life back in the 19th century in order to provide Sir ... More


Selling Philosophy to the Lawyers: The Chair of Jurisprudence

Nicola Lacey

in A Life of H.L.A. Hart: The Nightmare and the Noble Dream

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199202775
eISBN:
9780191705953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202775.003.0008
Subject:
Law, Legal History

This chapter focuses on H. L. A. Hart's experiences as Chair of Jurisprudence at University College. Herbert's inaugural lecture as Professor of Jurisprudence, ‘Definition and Theory in ... More


Is There an “American” Jurisprudence? *

BRIAN LEITER

in Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.003.0005
Subject:
Law, Philosophy of Law

This chapter shifts the focus from the philosophical response to Realism to that within academic law. It uses Neil Duxbury's interesting, if sometimes quite misleading, book Patterns of American ... More


Where Dignity Ends and uBuntu Begins: A Response by Yvonne Mokgoro and Stu Woolman

Drucilla Cornell

in Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823257577
eISBN:
9780823261574
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823257577.003.0010
Subject:
Philosophy, Political Philosophy

This chapter was written by an Emeritus Consttutional Judge and a South African Professor as a response to Chapter 8. Emeritus Justice Yvonne Mokgoro is known as one of the leading scholars of ... More


Tchaikovsky's Early Years

Roland John Wiley

in Tchaikovsky

Published in print:
2009
Published Online:
October 2011
ISBN:
9780195368925
eISBN:
9780199852468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368925.003.0001
Subject:
Music, History, Western

Pyotr Ilyich Tchaikovsky's innate abilities as a child attracted no particular attention from his parents, and when he would come home from school on holiday, the house was completely lacking in ... More


Childhood and Youth in St. Petersburg

Roland John Wiley

in Tchaikovsky

Published in print:
2009
Published Online:
October 2011
ISBN:
9780195368925
eISBN:
9780199852468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368925.003.0002
Subject:
Music, History, Western

When and why Pyotr Ilyich Tchaikovsky's parents decided on the School of Jurisprudence is unknown. In late summer, Alexandra Andreyevna Assier left Alapaevsk to matriculate Pyotr, and so began the ... More


Civil Service (1859–1863)

Roland John Wiley

in Tchaikovsky

Published in print:
2009
Published Online:
October 2011
ISBN:
9780195368925
eISBN:
9780199852468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368925.003.0003
Subject:
Music, History, Western

Pyotr Ilyich Tchaikovsky graduated from the School of Jurisprudence on May 13, 1859 and was posted to the Ministry of Justice five days later. Pyotr may have needed the settling effect of a job. ... More


The Construction of Memory through Law and Law's Responsiveness to Children 1

Ya'ir Ronen

in Law and Psychology: Current Legal Issues Volume 9

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199211395
eISBN:
9780191695803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211395.003.0023
Subject:
Law, Philosophy of Law

Society's unacknowledged conflict over its collective memory and the question of responsibility to the Other encourages the politicization of empathy towards children. What we fail to acknowledge is ... More


The Influence of Smith’s Jurisprudence on Legal Education in Scotland

John W Cairns

in Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682133
eISBN:
9781474415972
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682133.003.0003
Subject:
Law, Legal History

This chapter examines the influence of Adam Smith's jurisprudence on legal education in Scotland. By the middle years of the eighteenth century, natural law thinking had come to dominate the moral ... More


Therapeutic jurisprudence, drug courts and mental health courts: the US experience

Katherine van Wormer and Saundra Starks

in Risk and rehabilitation: Management and treatment of substance misuse and mental health problems in the criminal justice system

Published in print:
2012
Published Online:
May 2013
ISBN:
9781447300205
eISBN:
9781447307778
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447300205.003.0010
Subject:
Social Work, Crime and Justice

Chapter Nine discusses the notion that jurisprudence understands justice as a social force, capable of producing therapeutic and anti-therapeutic results. The authors refer to drug and mental health ... More


Kantian Courage

Nicholas Tampio

in Kantian Courage: Advancing the Enlightenment in Contemporary Political Theory

Published in print:
2012
Published Online:
January 2013
ISBN:
9780823245000
eISBN:
9780823250707
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823245000.003.0002
Subject:
Philosophy, Political Philosophy

This chapter interprets Kant's conception of courage and its implications for contemporary political thinking. The chapter begins by examining Kant's reflections on courage in the Groundwork of the ... More


Conclusion: uBuntu and Subaltern Legality

Drucilla Cornell

in Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823257577
eISBN:
9780823261574
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823257577.003.0011
Subject:
Philosophy, Political Philosophy

The question of whether or not there is such a legality that can be called Subaltern has been hotly contested in Post-Colonial theory. This chapter argues that uBuntu has not only been incorporated ... More


Living Customary Law and the Law: Does Custom Allow for a Woman to Be Hosi?

Drucilla Cornell

in Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823257577
eISBN:
9780823261574
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823257577.003.0006
Subject:
Philosophy, Political Philosophy

This chapter reviews the court cases of all levels of the court system in South Africa as they grappled with the decision of the Valoyi Tribe to appoint a woman as hosi. The supreme court of South ... More


Is There a Difference That Makes a Difference between Dignity and uBuntu?

Drucilla Cornell

in Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823257577
eISBN:
9780823261574
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823257577.003.0009
Subject:
Philosophy, Political Philosophy

Since WWII, dignity has become an important legal and moral value in almost all of the instruments of human rights and international law, and has no been incorporated into constitutions as a ... More


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