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Three Modes of Incorporating Indigenous Law

Jacob T. Levy

in Citizenship in Diverse Societies

Published in print:
2000
Published Online:
October 2005
ISBN:
9780198297703
eISBN:
9780191602948
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829770X.003.0012
Subject:
Political Science, Political Theory

Three broad kinds of incorporation of indigenous law in a multicultural society are described: customary law, common law, and self‐government. These modes of incorporation have different internal ... More


The Common Law of Colonial America: Volume I: The Chesapeake and New England 1607-1660

William E. Nelson

Published in print:
2008
Published Online:
September 2008
ISBN:
9780195327281
eISBN:
9780199870677
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195327281.001.0001
Subject:
History, American History: early to 18th Century

The four-volume series of which this book is the first volume shows how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent ... More


The Difficulties with Conferring Rights on Shareholders to Litigate

Arad Reisberg

in Derivative Actions and Corporate Governance

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199204892
eISBN:
9780191709487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204892.003.0004
Subject:
Law, Company and Commercial Law

This chapter inquires into the particular difficulties minority shareholders face where they seek redress against wrongdoing directors. Section 3.2 discusses these problems and Section 3.3 outlines ... More


Incorporating Indigenous Law

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0007
Subject:
Political Science, Political Theory

Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally ... More


Law, Reason, and the Cosmic City: Political Philosophy in the Early Stoa

Katja Maria Vogt

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195320091
eISBN:
9780199869657
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195320091.001.0001
Subject:
Philosophy, Ancient Philosophy

The book is a comprehensive study of early Stoic political philosophy. It considers the conceptions of the cosmic city and the common law as central to the Stoics' theory, and discusses how these ... More


Specifying Conventions: The Third‐Order Problem of Knowledge

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0006
Subject:
Political Science, Political Theory

Though the abstract background rights that define justice are underdeterminate in that more than one set of specific action‐guiding precepts can often satisfy their theoretical demands, these rights ... More


Understanding Common Law Legislation: Drafting and Interpretation

F. A. R. Bennion

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is a distillation of a larger work Bennion on Statutory Interpretation. It consists of an introduction and eighteen chapters each summarized at the end. The common law system presented here ... More


The Superior Courts of Common Law

Patrick Polden

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0018
Subject:
Law, Legal History

This chapter begins with a discussion of practice and procedure in the superior courts in the 19th century. It then discusses the law of evidence in civil causes, organization and business of the ... More


Conflict of Laws and Choice of Law

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0010
Subject:
Law, Family Law

This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the ... More


Legal Christianity Conceived

Steven K. Green

in The Second Disestablishment: Church and State in Nineteenth-Century America

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195399677
eISBN:
9780199777150
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399677.003.0005
Subject:
Religion, History of Christianity, Religion and Society

This begins a three-chapter discussion of legal disestablishment, of the development and decline of the maxim that Christianity formed part of the common law. It traces the origins of the maxim in ... More


Common Law Marriage: A Legal Institution for Cohabitation

Göran Lind

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.001.0001
Subject:
Law, Family Law

This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the ... More


Common-Law Marriage

Joanna L. Grossman and Lawrence M. Friedman

in Inside the Castle: Law and the Family in 20th Century America

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149820
eISBN:
9781400839773
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149820.003.0004
Subject:
Law, Family Law

This chapter describes the adventures—and the decline and fall—of the doctrine of common-law marriage in the twentieth century. A common-law marriage was an informal, but perfectly legal, marriage. ... More


Introductory

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter starts by explaining what is meant by ‘common law legislation’ in the title of the book. It then says that construing common law legislation has often been found to be ... More


Cohabitation, Holding Out, and Reputation as Spouses

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0008
Subject:
Law, Family Law

This chapter examines how cohabitation in American law is assigned a different function as a requisite, i.e., as a necessary requirement for the establishment of a common law marriage in addition to ... More


Basic Concepts

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0002
Subject:
Law, Public International Law

This chapter discusses the meaning of basic concepts such as the burden of proof, standard of proof, and presumptions. It explains how those concepts are defined in the common law system, the civil ... More


Implied Marriage Agreements

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0007
Subject:
Law, Family Law

This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment ... More


Different Views of the Cathedral: The Literature on Property Law Theory

Jonnette Watson Hamilton and Nigel Bankes

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0002
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter reviews property law theory and its literature that aims to show how developments in general property theory may be relevant for energy and natural resources. It focuses on liberal ... More


Reason or Mumbo Jumbo: The Common Law’s Approach to Property: MACCABAEAN LECTURE IN JURISPRUDENCE

J. W. HARRIS

in Proceedings of the British Academy, Volume 117: 2001 Lectures

Published in print:
2003
Published Online:
January 2013
ISBN:
9780197262795
eISBN:
9780191753954
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197262795.003.0014
Subject:
History, Cultural History

The reasoning in common law cases and in the commentaries built upon them appears nowhere more arcane than when it is dealing with property. It is supposed to be concerned with who owns what, or has ... More


Torts and Rights

Robert Stevens

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.001.0001
Subject:
Law, Law of Obligations

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This apparently simple proposition enables us to understand the law of torts (plural) as ... More


A History of Water Rights at Common Law

Joshua Getzler

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.001.0001
Subject:
Law, Environmental and Energy Law

This history of the doctrinal evolution of water law investigates the links between law and economic development, with detailed attention to legal concepts and to the history of industrialization. ... More


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