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Conclusion: A Union State without Unionism

Iain Mclean and Alistair McMillan

in State of the Union

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199258208
eISBN:
9780191603334
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199258201.003.0011
Subject:
Political Science, UK Politics

This chapter discusses the policy implications of the weakening of Unionism. It considers the pressures on the Conservatives (historically the principled Unionist party, but whose advantage is now ... More


. Theoretical Approaches to Sovereignty and Legal System

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter attempts an original explanation of the independence of legal systems. The assumption made here is that constitutional independence can be explained, first, by observing that questions ... More


On Hart's Ways: Law as Reason and as Fact

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0011
Subject:
Law, Philosophy of Law

Hart's early philosophical work on deciding and intending, like his later work on self-reference and on intention and his decisively important concept of the internal point of view, opened ... More


A Flag in the Wind: MacCormick v Lord Advocate

Gavin Little

in Scots Law Tales

Published in print:
2010
Published Online:
September 2015
ISBN:
9781845860677
eISBN:
9781474406260
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860677.003.0002
Subject:
Law, Legal History

This chapter explores the MacCormick case, a Scottish constitutional landmark inquest. John MacCormick, an accomplished solicitor and partner of a law firm based in Glasgow, claimed that the British ... More


Understanding and Explaining Adjudication

William Lucy

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.001.0001
Subject:
Law, Philosophy of Law

This book analyses and defines the methodology and values of contemporary accounts of adjudication, which can be divided into orthodox philosophies on the one hand and heretical accounts on the ... More


Criticising and Constructing the Orthodoxy

William Lucy

in Understanding and Explaining Adjudication

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.003.0010
Subject:
Law, Philosophy of Law

Both proponents and critics of accounts of adjudication indiscriminately and simultaneously describe them as either ‘theories’ or ‘models’ or ‘descriptions’ of judicial practice with no attempt to ... More


Adjudication for Pluralists

William Lucy

in Understanding and Explaining Adjudication

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.003.0012
Subject:
Law, Philosophy of Law

Suppose value pluralism is true. Will its truth have any effect whatsoever on the beliefs, self-understandings, and practices of legal academics, practitioners, and judges? This chapter argues that ... More


Theory in the Law Curriculum (with Neil MacCormick) *

William Twining

in Law in Context: Enlarging a Discipline

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264835
eISBN:
9780191682810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264835.003.0015
Subject:
Law, Philosophy of Law

This chapter discusses the proceedings of a discussion in the School of Law in Xanadu as to whether jurisprudence should remain compulsory in their curriculum. Theorizing involves trying to get a ... More


Free Choice, Practical Reason and Fitness for the Rule of Law

ROBERT P. GEORGE

in In Defense of Natural Law

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267713
eISBN:
9780191683343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267713.003.0007
Subject:
Law, Philosophy of Law

This chapter offers an account of why, under natural law principles, the ideal of the rule of law is so central. The chapter agrees with the late Lon L. Fuller that there are important moral reasons ... More


Exploring an Institutionalist and Post-Desert Theoretical Approach to Multiple-Offense Sentencing

Anthony Bottoms

in Sentencing for Multiple Crimes

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190607609
eISBN:
9780190607630
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190607609.003.0003
Subject:
Sociology, Law, Crime and Deviance

This chapter begins with a discussion of Neil MacCormick’s institutionalist approach to legal phenomena, and argues that this theoretical framework has value as a way to study multiple offense ... More


2002 Draft I: Parliament and the Legislative Power

W. Elliot Bulmer

in Constituting Scotland: The Scottish National Movement and the Westminster Model

Published in print:
2016
Published Online:
January 2018
ISBN:
9780748697595
eISBN:
9781474427128
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697595.003.0005
Subject:
Society and Culture, Scottish Studies

This chapter is the first of three central chapters in which the SNP’s 2002 constitutional text is examined in detail. This document, although now dated, is still the most detailed statement of the ... More


MacCormick and the Idea of Pluralism

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 1 examines in detail only the core of the pluralist claim as introduced by Neil MacCormick seminal article “Beyond the Sovereign State.” This core is analytically examined so that the entire ... More


Decoding the Branch

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

The initial finding of mapping analysis is that there are several different meanings of “constitutional pluralism” used by different authors, and that those different conceptions often appear within ... More


Within the Branches of Pluralism

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0009
Subject:
Law, EU Law, Constitutional and Administrative Law

The examined versions of constitutional pluralism fall within the scope of the pluralist branch as distinct from monism. This does not mean that all are equally sound. Nor do they harbor the same ... More


Limits of Logic and Legal Reasoning (1992)*

Carlos E. Alchourrón

in Essays in Legal Philosophy

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198729365
eISBN:
9780191796272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729365.003.0017
Subject:
Law, Philosophy of Law

This chapter presents a response to Neil MacCormick’s paper, which analysed the nature of legal reasoning and the possibility of developing legal expert systems. It attempts to restate some of the ... More


Civil Peace and Criminalization

Anthony Bottoms

in Criminalization: The Political Morality of the Criminal Law

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198726357
eISBN:
9780191793677
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726357.003.0009
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The late Neil MacCormick, in his Institutions of Law, made some important but underdeveloped claims about the relationship between civil peace and the role of the criminal law in liberal-democratic ... More


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