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Introduction

Anver M. Emon

in Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199661633
eISBN:
9780191743399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661633.003.0001
Subject:
Law, Legal History, Comparative Law

This chapter introduces the thesis in terms of the major themes addressed throughout the book.


Sharīʿa as Rule of Law

Anver M. Emon

in Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199661633
eISBN:
9780191743399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661633.003.0006
Subject:
Law, Legal History, Comparative Law

This chapter introduces and explains the analytic purchase of considering Sharīʿa as Rule of Law. The chapter addresses in inductive fashion various features of premodern Islamic law (e.g. ... More


The Rule of Law

Charles Sampford

in RETROSPECTIVITY AND THE RULE OF LAW

Published in print:
2006
Published Online:
March 2012
ISBN:
9780198252986
eISBN:
9780191681394
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252986.003.0003
Subject:
Law, Philosophy of Law

After the consideration of the most significant and widely applicable definition of retrospectivity, the chapter undergoes the same endeavour in relation to the ‘Rule of Law,’ which is generally ... More


The Rule of Law: Theoretical Principles

RUMU SARKAR

in International Development Law: Rule of Law, Human Rights, and Global Finance

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195398281
eISBN:
9780199866366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195398281.003.001
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter provides a brief overview of the philosophical background and history of development strategies and approaches, including a discussion of Max Weber's sociological theories and how they ... More


Social Foundations of the Rule of Law: Franz Neumann and Otto Kirchheimer

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0008
Subject:
Law, Philosophy of Law

The theme of historical transformations of legal rationality can be further developed through an examination of the changing social foundations of the idea of the Rule of Law, illuminated by Franz ... More


Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law

Anver M. Emon

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199661633
eISBN:
9780191743399
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661633.001.0001
Subject:
Law, Legal History, Comparative Law

This book problematizes tolerance as a conceptually helpful or coherent concept for understanding the significance of the dhimmī rules, the Islamic legal doctrines that governed and regulated ... More


Proportional Sentences at the ICTY

Jens David Ohlin

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

Sentences handed down at the ICTY have generally been lower than sentences handed down by the ICTR or by many domestic penal systems punishing individuals for domestic crimes. This chapter diagnoses ... More


The Rule of Law

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0005
Subject:
Law, Public International Law, Comparative Law

This chapter explores what is meant by the Rule of Law from AV Dicey to Tom Bingham and Ronald Dworkin. Much has been said about the rule of law since September 11, 2001,usually disingenuously by ... More


Marxism and Law

Hugh Collins

Published in print:
1984
Published Online:
March 2012
ISBN:
9780192851444
eISBN:
9780191670534
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780192851444.001.0001
Subject:
Law, Philosophy of Law

In this introduction to Marxism and the law, this book presents a unified and coherent view of Marxism, which it uses to examine the specific characteristics of legal institutions, rules, and ideals. ... More


Equity’s Own Room

Irit Samet

in Equity: Conscience Goes to Market

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.003.0001
Subject:
Law, Philosophy of Law

This chapter explains why Equity should be kept as an independent vibrant body of law. It opens by discussing two strands of the opposition to the dualist system of Equity and Common Law: the fusion ... More


Publicity and the Rule of Law *

Bruno Celano

in Oxford Studies in Philosophy of Law: Volume 2

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679829
eISBN:
9780191760051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679829.003.0004
Subject:
Law, Philosophy of Law

This chapter explores the requirement that laws should be public. When it is claimed that the Rule of Law requires that the laws should be public, what is to be understood by this claim? How is the ... More


Popular Responses to State‐Sponsored Violence in Brazil

Paulo Sérgio Pinheiro

in The New Politics of Inequality in Latin America: Rethinking Participation and Representation

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198781837
eISBN:
9780191598968
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198781830.003.0011
Subject:
Political Science, Democratization

Highlights a fundamental contradiction in Brazil's democracy: the coexistence of political rights with pervasive human rights abuse. Political violence, condoned by the state, inhibits the extension ... More


Law as Power: Two Rule of Law Requirements *

Bruno Celano

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0007
Subject:
Law, Philosophy of Law

This chapter considers the shape taken by social power when the rule of the law is envisaged as an ethico-political ideal. It discusses the Rule of Law as a specific mode of the exercise of social ... More


Arguments against retrospective laws

Charles Sampford

in RETROSPECTIVITY AND THE RULE OF LAW

Published in print:
2006
Published Online:
March 2012
ISBN:
9780198252986
eISBN:
9780191681394
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252986.003.0004
Subject:
Law, Philosophy of Law

The chapter outlines usual debate topics pertaining to retrospective law. These arguments come in four major divisions: first is the assertion that retrospective rules are not laws at all; second is ... More


Is Rule of Law an Equilibrium Without (Some) Private Enforcement?

Gillian K. Hadfield and Barry R. Weingast

in Privatization: NOMOS LX

Published in print:
2018
Published Online:
September 2019
ISBN:
9781479842933
eISBN:
9781479857609
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479842933.003.0011
Subject:
Political Science, Political Theory

This chapter argue against the presumptive priority of government even in the domain of law: in recent work, the authors have developed a framework for analyzing law in which they suggest that the ... More


Conclusions and consequences for the Rule of Law

Charles Sampford

in RETROSPECTIVITY AND THE RULE OF LAW

Published in print:
2006
Published Online:
March 2012
ISBN:
9780198252986
eISBN:
9780191681394
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252986.003.0008
Subject:
Law, Philosophy of Law

Generally speaking, the whole volume aims to challenge the conventional and seemingly uncontroversial field of retrospective law making, which is viewed as a system addressing human rights violation ... More


Feasible Regulation for Democracy and Social Justice

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0012
Subject:
Law, Philosophy of Law

Law and state regulation — what can be collectively termed, following Karl Llewellyn, law-government — are being expected to do more and more to bring about major social changes and economic ... More


Postscript: The Judicial Process and the Nature of Jewish Law

Hanina Ben-Menahem

in An Introduction to the History and Sources of Jewish Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198262626
eISBN:
9780191682360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262626.003.0016
Subject:
Law, Legal History

As the traditional halakhah differs greatly from the Mishpat Ivri or the literal translation of ‘Jewish Law’, we realize that the Western concept of law has dominated and largely influenced modern ... More


Protecting EU values: Reverse and the Rule of Law Framework

Armin von Bogdandy, Carlino Antpöhler, and Michael Ioannidis

in The Enforcement of EU Law and Values: Ensuring Member States' Compliance

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198746560
eISBN:
9780191808487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746560.003.0013
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter discusses the instruments currently on the table regarding the enforcement of EU values, exposing their strengths and weaknesses in legal and practical terms. It also offers an ... More


Justifications for retrospective law

Charles Sampford

in RETROSPECTIVITY AND THE RULE OF LAW

Published in print:
2006
Published Online:
March 2012
ISBN:
9780198252986
eISBN:
9780191681394
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252986.003.0007
Subject:
Law, Philosophy of Law

Two apparent things have emerged in the course of discussing retrospective law making, including the idea that this kind of legislation is widely acceptable and implemented and that, it is a ... More


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