Nils Jansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199588763
- eISBN:
- 9780191723315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588763.003.0006
- Subject:
- Law, Philosophy of Law
This concluding chapter argues that non-legislative codifications, such as the American Restatements, the Principles of European Contract Law, and the UNIDROIT Principles of International Commercial ...
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This concluding chapter argues that non-legislative codifications, such as the American Restatements, the Principles of European Contract Law, and the UNIDROIT Principles of International Commercial Contracts, are no modern peculiarity. On the contrary: European private law has long been developed on the basis of texts that were largely independent of any political domination. This becomes apparent from the transjurisdictional character of most non-legislative codifications. Thus, private law has mostly been, and still is to a large degree, autonomous from the states' political system.Less
This concluding chapter argues that non-legislative codifications, such as the American Restatements, the Principles of European Contract Law, and the UNIDROIT Principles of International Commercial Contracts, are no modern peculiarity. On the contrary: European private law has long been developed on the basis of texts that were largely independent of any political domination. This becomes apparent from the transjurisdictional character of most non-legislative codifications. Thus, private law has mostly been, and still is to a large degree, autonomous from the states' political system.
Max H. Boisot, Ian C. MacMillan, and Kyeong Seok Han
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199250875
- eISBN:
- 9780191719509
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199250875.003.0005
- Subject:
- Business and Management, Knowledge Management
In contrast to the neoclassical economic presumption in favour of markets, this chapter argues that organizations, not markets, should be taken as our default assumption. This argument is based on ...
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In contrast to the neoclassical economic presumption in favour of markets, this chapter argues that organizations, not markets, should be taken as our default assumption. This argument is based on information processing grounds. The chapter distinguishes between Zen and Market Knowledge. The first is embodied and hard to articulate and the second abstract-symbolic. In human evolution, the first type of knowledge came first, and, on any pragmatic definition of knowledge, it still incorporates most of what we mean by the term. The chapter takes codification and abstraction as the two data processing activities that lead to the articulation of knowledge into an abstract-symbolic form. It then develops a conceptual framework, the Information-Space or I-Space to show how far the articulation of knowledge leads to its being shared. Whereas an unlimited sharing of information and knowledge leads to market-oriented outcomes, a more limited sharing leads to organizational outcomes. A market-oriented economics has tended to look to physics for its models; the field of organization theory has tended to look to biology. A more organization-oriented economics would thus look more to biology for its models.Less
In contrast to the neoclassical economic presumption in favour of markets, this chapter argues that organizations, not markets, should be taken as our default assumption. This argument is based on information processing grounds. The chapter distinguishes between Zen and Market Knowledge. The first is embodied and hard to articulate and the second abstract-symbolic. In human evolution, the first type of knowledge came first, and, on any pragmatic definition of knowledge, it still incorporates most of what we mean by the term. The chapter takes codification and abstraction as the two data processing activities that lead to the articulation of knowledge into an abstract-symbolic form. It then develops a conceptual framework, the Information-Space or I-Space to show how far the articulation of knowledge leads to its being shared. Whereas an unlimited sharing of information and knowledge leads to market-oriented outcomes, a more limited sharing leads to organizational outcomes. A market-oriented economics has tended to look to physics for its models; the field of organization theory has tended to look to biology. A more organization-oriented economics would thus look more to biology for its models.
Paul Duguid
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545490
- eISBN:
- 9780191720093
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545490.003.0004
- Subject:
- Business and Management, Organization Studies, Knowledge Management
This chapter challenges recent attempts to reduce knowledge to information and to dismiss tacit knowledge as nothing more than uncodified explicit knowledge. Polanyi's notion of a tacit dimension ...
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This chapter challenges recent attempts to reduce knowledge to information and to dismiss tacit knowledge as nothing more than uncodified explicit knowledge. Polanyi's notion of a tacit dimension affected numerous disciplines, because it addressed aspects of learning and identity that individual, cognitive accounts failed to account for. In situating knowledge, identity, and learning within communities, the chapter points to the ethical and epistemic entailments of communities of practice and stress the difference, rather than the commonalities, between this and other apparently congenial forms of social analysis.Less
This chapter challenges recent attempts to reduce knowledge to information and to dismiss tacit knowledge as nothing more than uncodified explicit knowledge. Polanyi's notion of a tacit dimension affected numerous disciplines, because it addressed aspects of learning and identity that individual, cognitive accounts failed to account for. In situating knowledge, identity, and learning within communities, the chapter points to the ethical and epistemic entailments of communities of practice and stress the difference, rather than the commonalities, between this and other apparently congenial forms of social analysis.
R. A. W. Rhodes, John Wanna, and Patrick Weller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199563494
- eISBN:
- 9780191722721
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199563494.003.0006
- Subject:
- Political Science, Comparative Politics, UK Politics
This chapter explores how senior public servants create and reinterpret traditions. The public service confronts two dilemmas: between the generalist tradition and the impact of managerialism, and ...
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This chapter explores how senior public servants create and reinterpret traditions. The public service confronts two dilemmas: between the generalist tradition and the impact of managerialism, and between constitutional bureaucracy and political responsiveness. These dilemmas both drove the reforms and motivated the various heads of the public service to rethink their traditions to make sense of the world they inherited and the dilemmas they faced. Although this approach stresses local custom and practice, it can also identify shared beliefs and common responses. So, the chapter concludes public servants continue to hold many beliefs in common; they are neutral, expert, and accountable. Most notably, all seek to assert their professionalism by codifying their beliefs and practices. The essence of the public service is no longer a shared understanding, it is a written code. As a result, the family of ideas that is Westminster's constitutional bureaucracy persist to this day.Less
This chapter explores how senior public servants create and reinterpret traditions. The public service confronts two dilemmas: between the generalist tradition and the impact of managerialism, and between constitutional bureaucracy and political responsiveness. These dilemmas both drove the reforms and motivated the various heads of the public service to rethink their traditions to make sense of the world they inherited and the dilemmas they faced. Although this approach stresses local custom and practice, it can also identify shared beliefs and common responses. So, the chapter concludes public servants continue to hold many beliefs in common; they are neutral, expert, and accountable. Most notably, all seek to assert their professionalism by codifying their beliefs and practices. The essence of the public service is no longer a shared understanding, it is a written code. As a result, the family of ideas that is Westminster's constitutional bureaucracy persist to this day.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0008
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of ...
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From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of human rights on a much more frequent basis. This chapter therefore considers five proposals for reform: (a) the codification of criteria for humanitarian intervention in international law; (b) the extension of UN standby arrangements; (c) the creation of a small cosmopolitan UN force; (d) the creation of a large‐sized cosmopolitan UN force under the control of cosmopolitan democratic institutions; and (e) the improvement of the capacity of regional organizations to undertake humanitarian intervention.Less
From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of human rights on a much more frequent basis. This chapter therefore considers five proposals for reform: (a) the codification of criteria for humanitarian intervention in international law; (b) the extension of UN standby arrangements; (c) the creation of a small cosmopolitan UN force; (d) the creation of a large‐sized cosmopolitan UN force under the control of cosmopolitan democratic institutions; and (e) the improvement of the capacity of regional organizations to undertake humanitarian intervention.
Robin Cowan, Paul A. David, and Dominique Foray
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780199269426
- eISBN:
- 9780191710179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269426.003.0007
- Subject:
- Business and Management, Organization Studies
This chapter attempts to provide greater precision and clarity toward the understanding of the nature and economic significance of knowledge and its variegated forms by presenting the sceptical ...
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This chapter attempts to provide greater precision and clarity toward the understanding of the nature and economic significance of knowledge and its variegated forms by presenting the sceptical economist's guide to ‘tacit knowledge’. It critically reconsiders the way in which the concepts of tacitness and codification have come to be employed by economists, and develops a more coherent reconceptualization of these aspects of knowledge production and distribution activities. The chapter also shows that a proposed alternative framework for the study of knowledge codification activities offers a more useful guide for further research directed to informing public policies for science, technological innovation, and long-run economic growth.Less
This chapter attempts to provide greater precision and clarity toward the understanding of the nature and economic significance of knowledge and its variegated forms by presenting the sceptical economist's guide to ‘tacit knowledge’. It critically reconsiders the way in which the concepts of tacitness and codification have come to be employed by economists, and develops a more coherent reconceptualization of these aspects of knowledge production and distribution activities. The chapter also shows that a proposed alternative framework for the study of knowledge codification activities offers a more useful guide for further research directed to informing public policies for science, technological innovation, and long-run economic growth.
Cees van Dam
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199227679
- eISBN:
- 9780191710414
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199227679.001.0001
- Subject:
- Law, EU Law
This is the first introductory text book to European tort law. It brings together national tort law, comparative law, European Union (EU) law, and human rights law, and provides insights into the ...
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This is the first introductory text book to European tort law. It brings together national tort law, comparative law, European Union (EU) law, and human rights law, and provides insights into the differences, commonalities, and mutual influence of the different tort law systems at work in Europe. The book examines the recent attempts for the harmonisation of the various systems of tortious liability by the discovery of a new European ius commune, and looks beyond the creation of ‘common codes’ to ask whether it is possible, or desirable, to converge the national models. The first part of the book provides overviews of the state of affairs of the tort law systems of France, Germany, England, and the EU. Comparisons are made between the rules, the cultures, and the policies of the various systems. The case for a European codification of tort law is discussed. The second part analyses and compares the requirements for liability in the various tort law systems: protected interests, negligence and unlawfulness, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. The final part also assumes a comparative and a supranational point of view and shows how the national and European rules are applied in various ways in a number of categories, such as liability of public bodies, liability for defective products, for motor vehicles, for employees, for children, and for premises and highways.Less
This is the first introductory text book to European tort law. It brings together national tort law, comparative law, European Union (EU) law, and human rights law, and provides insights into the differences, commonalities, and mutual influence of the different tort law systems at work in Europe. The book examines the recent attempts for the harmonisation of the various systems of tortious liability by the discovery of a new European ius commune, and looks beyond the creation of ‘common codes’ to ask whether it is possible, or desirable, to converge the national models. The first part of the book provides overviews of the state of affairs of the tort law systems of France, Germany, England, and the EU. Comparisons are made between the rules, the cultures, and the policies of the various systems. The case for a European codification of tort law is discussed. The second part analyses and compares the requirements for liability in the various tort law systems: protected interests, negligence and unlawfulness, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. The final part also assumes a comparative and a supranational point of view and shows how the national and European rules are applied in various ways in a number of categories, such as liability of public bodies, liability for defective products, for motor vehicles, for employees, for children, and for premises and highways.
Steven K. Green
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195399677
- eISBN:
- 9780199777150
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195399677.003.0007
- Subject:
- Religion, History of Christianity, Religion and Society
This chapter traces the decline of the maxim of Christianity’s incorporation into the law. It discusses the transformation in attitudes during the antebellum era through the impact of movements ...
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This chapter traces the decline of the maxim of Christianity’s incorporation into the law. It discusses the transformation in attitudes during the antebellum era through the impact of movements toward codification and making the law “scientific.” These developments influenced jurists’ attitudes about the law’s immutability and its relation to Christian principles. The chapter traces the gradual rejection of the maxim by judges in legal areas such as profane swearing, oaths, probate law, church property disputes, and Sunday law enforcement.Less
This chapter traces the decline of the maxim of Christianity’s incorporation into the law. It discusses the transformation in attitudes during the antebellum era through the impact of movements toward codification and making the law “scientific.” These developments influenced jurists’ attitudes about the law’s immutability and its relation to Christian principles. The chapter traces the gradual rejection of the maxim by judges in legal areas such as profane swearing, oaths, probate law, church property disputes, and Sunday law enforcement.
Helena Sanson
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264836
- eISBN:
- 9780191754043
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264836.003.0007
- Subject:
- Linguistics, Historical Linguistics
This chapter looks at how women finally made their first appearance in the field of linguistic codification, bringing out works on Italian grammar and on language etiquette in a changed political and ...
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This chapter looks at how women finally made their first appearance in the field of linguistic codification, bringing out works on Italian grammar and on language etiquette in a changed political and social context. In their contribution to the creation of a national form of entertainment in the years when radio and television were still far away, women writers took a less traditional approach to the language of their works in order to overcome the fact that discussions on the Questione had come to a standstill. Their first, scattered remarks on the topic show less preoccupation with form and a more generous approach to and understanding of their audience's needs. The language they used, imperfect as it may have been, did not stop women of all classes from being caught up by the fate of young heroines and sharing their passions and misfortunes. Women writers bent language to fit their own requirements, refusing to let it stand in the way of their long-awaited right to express their full imaginative drive.Less
This chapter looks at how women finally made their first appearance in the field of linguistic codification, bringing out works on Italian grammar and on language etiquette in a changed political and social context. In their contribution to the creation of a national form of entertainment in the years when radio and television were still far away, women writers took a less traditional approach to the language of their works in order to overcome the fact that discussions on the Questione had come to a standstill. Their first, scattered remarks on the topic show less preoccupation with form and a more generous approach to and understanding of their audience's needs. The language they used, imperfect as it may have been, did not stop women of all classes from being caught up by the fate of young heroines and sharing their passions and misfortunes. Women writers bent language to fit their own requirements, refusing to let it stand in the way of their long-awaited right to express their full imaginative drive.
REINHARD ZIMMERMANN
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198299134
- eISBN:
- 9780191708046
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299134.003.0001
- Subject:
- Law, Comparative Law
This book contains the Clarendon lectures devoted to legal history: Roman law, contemporary law, and European law. 19th-century legal scholarship was dominated by Savigny's Historical School, which ...
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This book contains the Clarendon lectures devoted to legal history: Roman law, contemporary law, and European law. 19th-century legal scholarship was dominated by Savigny's Historical School, which flourished in Germany. The implementation of the German Civil Code, 100 years ago, may be regarded as its supreme triumph or its ultimate failure. Indisputably, the Code has changed our legal perception. It has led to an emancipation of Roman law from contemporary legal doctrine, a process that is sketched in the first lecture. The second lecture discusses whether this has also resulted in an emancipation of contemporary doctrine from Roman law, or whether there has been a qualitative change in our substantive private law as a result of codification. Lawyers in 19th-century Germany were constantly aware, in spite of the bewildering legal diversity with which they were faced, of a fundamental intellectual unity created by a common tradition. The recreation of such an awareness is of central importance to sustain the Europeanisation of private law. The third lecture attempts to demonstrate how this may be achieved.Less
This book contains the Clarendon lectures devoted to legal history: Roman law, contemporary law, and European law. 19th-century legal scholarship was dominated by Savigny's Historical School, which flourished in Germany. The implementation of the German Civil Code, 100 years ago, may be regarded as its supreme triumph or its ultimate failure. Indisputably, the Code has changed our legal perception. It has led to an emancipation of Roman law from contemporary legal doctrine, a process that is sketched in the first lecture. The second lecture discusses whether this has also resulted in an emancipation of contemporary doctrine from Roman law, or whether there has been a qualitative change in our substantive private law as a result of codification. Lawyers in 19th-century Germany were constantly aware, in spite of the bewildering legal diversity with which they were faced, of a fundamental intellectual unity created by a common tradition. The recreation of such an awareness is of central importance to sustain the Europeanisation of private law. The third lecture attempts to demonstrate how this may be achieved.
Rosalyn Higgins
- Published in print:
- 1992
- Published Online:
- November 2003
- ISBN:
- 9780198277712
- eISBN:
- 9780191598890
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198277717.003.0010
- Subject:
- Political Science, International Relations and Politics
There are three reasons for linking Grotius to the UN. (1) The UN Charter deals with aspects of international law that are central to his writings. (2) In those areas, such as law of the sea, in ...
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There are three reasons for linking Grotius to the UN. (1) The UN Charter deals with aspects of international law that are central to his writings. (2) In those areas, such as law of the sea, in which the UN has assisted in the codification of international law, it is worth seeing whether it has adhered to Grotian principles. (3) The UN has a spirit and ethos similar to that inculcated by Grotius, the viability of which merits exploration. These three themes are examined with special reference to the jus ad bellum, the jus in bello, and the state's presumed monopoly on the use of force. The UN Charter, many years after it was written, still captures a ‘Grotian moment’.Less
There are three reasons for linking Grotius to the UN. (1) The UN Charter deals with aspects of international law that are central to his writings. (2) In those areas, such as law of the sea, in which the UN has assisted in the codification of international law, it is worth seeing whether it has adhered to Grotian principles. (3) The UN has a spirit and ethos similar to that inculcated by Grotius, the viability of which merits exploration. These three themes are examined with special reference to the jus ad bellum, the jus in bello, and the state's presumed monopoly on the use of force. The UN Charter, many years after it was written, still captures a ‘Grotian moment’.
Alan D. Morrison and William J. Wilhelm Jr.
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199296576
- eISBN:
- 9780191712036
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296576.003.0009
- Subject:
- Economics and Finance, Financial Economics
This chapter studies the internal organization of the investment bank. Historically, investment banks were partnership firms. Their recent conversion to joint stock corporations is explained. It is ...
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This chapter studies the internal organization of the investment bank. Historically, investment banks were partnership firms. Their recent conversion to joint stock corporations is explained. It is argued that partnership firms are valuable in businesses that rely upon human capital, because agents within partnerships can be incentivised to share their tacit skills in a way that would be impossible within joint stock firms. The computerization studied in Chapter 8 resulted in the codification of many formerly tacit skills. At the same time, investment banks needed more financial, as opposed to human, capital than ever before. These trends lowered the relevance and the viability of investment banking partnerships, and led to their flotation. Several subsequent developments were intended to substitute for key partnership firm attributes. The emergence of the covenant not to compete, and of financial patents is studied in this context.Less
This chapter studies the internal organization of the investment bank. Historically, investment banks were partnership firms. Their recent conversion to joint stock corporations is explained. It is argued that partnership firms are valuable in businesses that rely upon human capital, because agents within partnerships can be incentivised to share their tacit skills in a way that would be impossible within joint stock firms. The computerization studied in Chapter 8 resulted in the codification of many formerly tacit skills. At the same time, investment banks needed more financial, as opposed to human, capital than ever before. These trends lowered the relevance and the viability of investment banking partnerships, and led to their flotation. Several subsequent developments were intended to substitute for key partnership firm attributes. The emergence of the covenant not to compete, and of financial patents is studied in this context.
Brinkley Messick
- Published in print:
- 1992
- Published Online:
- May 2012
- ISBN:
- 9780520076051
- eISBN:
- 9780520917828
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520076051.003.0014
- Subject:
- Anthropology, Middle Eastern Cultural Anthropology
The calligraphic state was a phenomenon anchored in the complex authority relations of a spectrum of writings and associated institutions. The characterization of the shari'a as a general societal ...
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The calligraphic state was a phenomenon anchored in the complex authority relations of a spectrum of writings and associated institutions. The characterization of the shari'a as a general societal discourse rather than as “Islamic law” placed emphasis on a historical transition to the codified and legislated form of law. Shari'a codification, new methods of instruction, changes in court procedures, and legal-document registration are among the diverse expressions of a fundamental reordering of Yemeni society. The “calligraphic state” is itself a construct, referring neither to a specific polity and its dissolution nor to a particular discursive moment and its transformation. It is instead a composite of historical materials and must finally give way to the phenomena out of which it was built.Less
The calligraphic state was a phenomenon anchored in the complex authority relations of a spectrum of writings and associated institutions. The characterization of the shari'a as a general societal discourse rather than as “Islamic law” placed emphasis on a historical transition to the codified and legislated form of law. Shari'a codification, new methods of instruction, changes in court procedures, and legal-document registration are among the diverse expressions of a fundamental reordering of Yemeni society. The “calligraphic state” is itself a construct, referring neither to a specific polity and its dissolution nor to a particular discursive moment and its transformation. It is instead a composite of historical materials and must finally give way to the phenomena out of which it was built.
John W. Cairns and Paul J. du Plessis
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748627936
- eISBN:
- 9780748651474
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748627936.001.0001
- Subject:
- Law, Legal History
This book contributes to the debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960s, has had a profound ...
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This book contributes to the debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960s, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is an attempt to provide a balanced assessment of the various points of view. The chapters within the book have been specifically arranged to represent the debate. The chapters address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.Less
This book contributes to the debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960s, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is an attempt to provide a balanced assessment of the various points of view. The chapters within the book have been specifically arranged to represent the debate. The chapters address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.
Nils Jansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199588763
- eISBN:
- 9780191723315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588763.003.0001
- Subject:
- Law, Philosophy of Law
This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to ...
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This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to further clarify the classical understanding of the legal process in general, and of codifications in particular. The analysis focuses on specific legal texts and their form, rather than on legal rules. Here, the main argument proceeds from the historical observation that — before and besides the modern legislative codifications — there have always been non-legislative codifications and other basic reference texts: law books, laying down a comprehensive body of norms, which were not issued by legislators but nevertheless were regarded as effectively binding in legal discourse.Less
This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to further clarify the classical understanding of the legal process in general, and of codifications in particular. The analysis focuses on specific legal texts and their form, rather than on legal rules. Here, the main argument proceeds from the historical observation that — before and besides the modern legislative codifications — there have always been non-legislative codifications and other basic reference texts: law books, laying down a comprehensive body of norms, which were not issued by legislators but nevertheless were regarded as effectively binding in legal discourse.
Nils Jansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199588763
- eISBN:
- 9780191723315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588763.003.0002
- Subject:
- Law, Philosophy of Law
This chapter traces the historical connections between the law and the state. Topics covered include codifications and the state, textual foundations of the ius commune, and legislative codifications ...
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This chapter traces the historical connections between the law and the state. Topics covered include codifications and the state, textual foundations of the ius commune, and legislative codifications and the legal profession. It shows that even in more recent times, it was often the legal profession, rather than the political legislator, which ultimately determined the sources of the law and their authority in legal discourse.Less
This chapter traces the historical connections between the law and the state. Topics covered include codifications and the state, textual foundations of the ius commune, and legislative codifications and the legal profession. It shows that even in more recent times, it was often the legal profession, rather than the political legislator, which ultimately determined the sources of the law and their authority in legal discourse.
Nils Jansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199588763
- eISBN:
- 9780191723315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588763.003.0003
- Subject:
- Law, Philosophy of Law
The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the ...
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The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the participants to the legal discourse as a valid expression of the law. This chapter shows that the American restatement approach has also influenced the developments of transnational restatements of the law. The International Institute for the Unification of Private Law (UNIDROIT) has largely applied the terminology and formal style of the American Restatements for its Principles of International Commercial Contracts; and a similar approach was taken, on the European level, by the Lando Commission on European Contract Law. Today, the Restatements' formal style is used by the Study Group on a European Civil Code and by the Acquis Group, the main non-legislative actors in the current political process of unifying European private law.Less
The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the participants to the legal discourse as a valid expression of the law. This chapter shows that the American restatement approach has also influenced the developments of transnational restatements of the law. The International Institute for the Unification of Private Law (UNIDROIT) has largely applied the terminology and formal style of the American Restatements for its Principles of International Commercial Contracts; and a similar approach was taken, on the European level, by the Lando Commission on European Contract Law. Today, the Restatements' formal style is used by the Study Group on a European Civil Code and by the Acquis Group, the main non-legislative actors in the current political process of unifying European private law.
Nils Jansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199588763
- eISBN:
- 9780191723315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588763.003.0004
- Subject:
- Law, Philosophy of Law
This chapter formulates — as a systematic summary of the previous two chapters and as a conceptual basis for the following final chapter — a more adequate, ideal-typical classification of different ...
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This chapter formulates — as a systematic summary of the previous two chapters and as a conceptual basis for the following final chapter — a more adequate, ideal-typical classification of different forms of textual legal authorities. This classification rests on an abstract conceptual distinction of political domination, or legislative authority, on the one hand and non-legislative, or professional, authority on the other hand.Less
This chapter formulates — as a systematic summary of the previous two chapters and as a conceptual basis for the following final chapter — a more adequate, ideal-typical classification of different forms of textual legal authorities. This classification rests on an abstract conceptual distinction of political domination, or legislative authority, on the one hand and non-legislative, or professional, authority on the other hand.
Jonathan Jacobs
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199542833
- eISBN:
- 9780191594359
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199542833.003.0005
- Subject:
- Religion, Judaism
This chapter discusses the main points of comparison and contrast between Jewish thought and the practical wisdom approach to ethics, with Aristotle's conception of it as the guiding example. The ...
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This chapter discusses the main points of comparison and contrast between Jewish thought and the practical wisdom approach to ethics, with Aristotle's conception of it as the guiding example. The issue of ‘the reasons of the commandments’ is crucial to Jewish thought and it has a central role in this chapter. The issue concerns the extent to which rational justifications of the commandments can be ascertained, and also the justificatory status of those commandments for which the justifications are opaque or inscrutable. It is shown that there are some important points of likeness between the practical wisdom approach to ethical theory and the views of some of the Jewish philosophers but there are reasons not to interpret their views of ‘the reasons of the commandments’ and moral knowledge as indicative of a practical wisdom approach to ethics.Less
This chapter discusses the main points of comparison and contrast between Jewish thought and the practical wisdom approach to ethics, with Aristotle's conception of it as the guiding example. The issue of ‘the reasons of the commandments’ is crucial to Jewish thought and it has a central role in this chapter. The issue concerns the extent to which rational justifications of the commandments can be ascertained, and also the justificatory status of those commandments for which the justifications are opaque or inscrutable. It is shown that there are some important points of likeness between the practical wisdom approach to ethical theory and the views of some of the Jewish philosophers but there are reasons not to interpret their views of ‘the reasons of the commandments’ and moral knowledge as indicative of a practical wisdom approach to ethics.
Ingrid Tieken-Boon van Ostade
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199579273
- eISBN:
- 9780191595219
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579273.001.0001
- Subject:
- Linguistics, Historical Linguistics, English Language
This book examines the life, language and grammar of Robert Lowth (1710–1787), founder of prescriptivism. Drawing on private documents, it maps his social networks and compares his own language to ...
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This book examines the life, language and grammar of Robert Lowth (1710–1787), founder of prescriptivism. Drawing on private documents, it maps his social networks and compares his own language to the grammar's model of correctness. By analysing his role in the establishment of the prescriptive canon, it portrays Lowth as a precursor to usage guides like Fowler's Modern English Usage.Less
This book examines the life, language and grammar of Robert Lowth (1710–1787), founder of prescriptivism. Drawing on private documents, it maps his social networks and compares his own language to the grammar's model of correctness. By analysing his role in the establishment of the prescriptive canon, it portrays Lowth as a precursor to usage guides like Fowler's Modern English Usage.
