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Legislating

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.003.0003
Subject:
Political Science, Comparative Politics

The growing interdependence between law‐making and constitutional judging is explored, proceeding from the view that constitutional courts ought to be conceptualized as specialized legislative ... More


Disciplining Christians: Correction and Community in Augustine’s Letters

Jennifer V. Ebbeler

Published in print:
2012
Published Online:
January 2013
ISBN:
9780195372564
eISBN:
9780199932122
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372564.001.0001
Subject:
Classical Studies, Literary Studies: Classical, Early, and Medieval, Ancient Religions

This book reconsiders several of Augustine's most well-known letter exchanges, including his famously controversial correspondence with Jerome and his efforts to engage his Donatist rivals in a ... More


The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Jules Coleman

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.001.0001
Subject:
Law, Philosophy of Law

This book expands the argument introduced in the Clarendon Lectures in Law presented at Oxford University in the fall of 1998. It introduces and attempts to sustain two different kinds of arguments; ... More


Shakespeare and Laughter: A Cultural History

Indira Ghose

Published in print:
2008
Published Online:
July 2012
ISBN:
9780719076923
eISBN:
9781781700983
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719076923.001.0001
Subject:
Literature, Shakespeare Studies

This book examines laughter in the Shakespearean theatre, in the context of a cultural history of early modern laughter, and looks at various strands of the early modern discourse on laughter, ... More


Electronic displays

Arnold J. Wilkins

in Visual Stress

Published in print:
1995
Published Online:
January 2008
ISBN:
9780198521747
eISBN:
9780191706691
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198521747.003.0007
Subject:
Psychology, Cognitive Neuroscience

Electronic displays such as televisions and visual display terminals, use a cathode ray tube that pulsates in brightness, with the top of the display being lit before the bottom repeatedly, at a ... More


Armageddon and the Gulag, 1939–1945

Steven A. Barnes

in Death and Redemption: The Gulag and the Shaping of Soviet Society

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151120
eISBN:
9781400838615
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151120.003.0005
Subject:
History, Russian and Former Soviet Union History

This chapter focuses on the Gulag during the Armageddon of the Great Patriotic War. It shows how the institutions, practices, and identities of the Gulag shifted in accord with the demands of total ... More


RETROSPECTIVITY AND THE RULE OF LAW

Charles Sampford, Jennie Louise, Sophie Blencowe, and Tom Round

Published in print:
2006
Published Online:
March 2012
ISBN:
9780198252986
eISBN:
9780191681394
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252986.001.0001
Subject:
Law, Philosophy of Law

Retrospective rule making has few supporters and many opponents. Defenders of retrospective laws generally do so based on the premise that they are necessary evils in specific or limited ... More


Corrective Justice

Ernest J. Weinrib

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660643
eISBN:
9780191748288
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660643.001.0001
Subject:
Law, Philosophy of Law, Law of Obligations

This book develops the implications of that venerable Aristotelian notion of justice for understanding contemporary private law. Over the last decades corrective justice has become a central but ... More


The Idea of Private Law

Ernest J Weinrib

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.001.0001
Subject:
Law, Philosophy of Law, Law of Obligations

This book offers a new approach to understanding private law. Rejecting the functionalism popular among legal scholars, the book advances the idea that private law is an autonomous and ... More


Property, Unjust Enrichment, and Defective Transfers

Charlie Webb

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0012
Subject:
Law, Law of Obligations, Philosophy of Law

It is widely accepted that a substantial chunk of restitutionary claims arise out of so-called defective transfers. An asset previously held by the claimant passes into the hands of the defendant, ... More


Correctively Unjust Enrichment

Ernest J Weinrib

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0002
Subject:
Law, Law of Obligations, Philosophy of Law

Unjust enrichment, understood as a defective transfer of value, gives rise to liability that instantiates corrective justice. As a characteristic of things of value (whether of objects or of labour), ... More


Restitution's Realism

Hanoch Dagan

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0003
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter describes the foundations of (significant parts of) the American law of restitution. It argues that this body of law can, and therefore should, be read as a contextual application of our ... More


The Normative Foundations of Unjust Enrichment

Dennis Klimchuk

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0004
Subject:
Law, Law of Obligations, Philosophy of Law

There are two principal accounts of the normative foundations of unjust enrichment. The first holds that the plaintiff's right to restitution for unjust enrichment is a claim in corrective justice. ... More


The Nature of Responsibility for Gain:Gain, Harm, and Keeping the Lid on Pandora's Box

Kit Barker

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0006
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter examines the nature and origins of legal responsibility for gain in private law. Contrary to recent suggestions, it argues that such responsibility is consistent with our traditional, ... More


Justice, Satisfaction, and Restoration of Friendship

Daniel Schwartz

in Aquinas on Friendship

Published in print:
2007
Published Online:
May 2008
ISBN:
9780199205394
eISBN:
9780191709265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199205394.003.0007
Subject:
Philosophy, Ancient Philosophy

This chapter examines Aquinas's understanding of the way in which the aim of reconciliation affects the operation of corrective justice. It focuses on ‘satisfaction’, a term that Aquinas used to ... More


Natural Justice and Conventional Justice

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.003.0004
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of ‘nature’ and what is ‘natural’, and uses these terms to refer to that which is intrinsic to a practice or circumstance; using them in that way it ... More


Bilateralism

JULES L. COLEMAN

in The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.003.0003
Subject:
Law, Philosophy of Law

This chapter argues that economic analysis is unsatisfactory as conceptual analysis. It defends a certain form of conceptual explanation of tort law, which takes the form of showing how a certain ... More


Justice

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0015
Subject:
Law, Law of Obligations

It is common to try to explain the law of torts through one or more of the instrumentalist goals it could be thought to pursue. These goals, such as compensation, deterrence, loss spreading and ... More


Outline of a Theory of Corrective Justice

Eric Rakowski

in Equal Justice

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198240792
eISBN:
9780191680274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198240792.003.0010
Subject:
Philosophy, Political Philosophy

Equality of fortune fundamentally stipulates that within a sphere of rights protecting people's physical and mental integrity, individuals are initially entitled to equal shares of the community's ... More


What Has History to Do with Philosophy? Insights from the Medieval Contemplative Tradition

Christina Van Dyke

Marcel van Ackeren and Lee Klein (eds)

in Philosophy and the Historical Perspective

Published in print:
2018
Published Online:
January 2019
ISBN:
9780197266298
eISBN:
9780191872891
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266298.003.0010
Subject:
Philosophy, History of Philosophy

This chapter focuses on the corrective and complementary roles that a historically oriented approach can occupy in philosophical discussions. First, it argues that analysis of the development of key ... More


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