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The Normative Classification of Legal Results

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0005
Subject:
Philosophy, Political Philosophy

This chapter draws a formal distinction between optimal and suboptimal results and uses that distinction to define suboptimal-result cases: cases in which the judge would have an ... More


Justice As A Calling

Jonathan Burnside

in God, Justice, and Society: Aspects of Law and Legality in the Bible

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199759217
eISBN:
9780199827084
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199759217.003.0004
Subject:
Law, Public International Law

This chapter sets out the ideology and practice of biblical justice and adjudication. Case studies drawn from the biblical texts explore some of the practical problems that might be thought to arise ... More


The Court's Response to Hard Cases of Applicability

Marius Emberland

in The Human Rights of Companies: Exploring the Structure of ECHR Protection

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199289837
eISBN:
9780191700545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199289837.003.0004
Subject:
Law, Human Rights and Immigration

The European Court of Human Rights' admissibility of a private complaint depends on whether there is compatibility between the interests pursued and the interests protected by the provision. The ... More


The jurisprudential basis of the common law method

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/9780199564101.003.0017
Subject:
Law, Constitutional and Administrative Law

What is the jurisprudential basis of the common law or Global method of statutory interpretation, which is based on principles prevailing through the English-speaking world? Analysis of the method ... More


Reason and Authority in Law's Empire

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/9780199580088.003.0013
Subject:
Law, Philosophy of Law

This chapter offers a detailed assessment of the strengths and weaknesses of Dworkin's principal work in legal theory. His resolute adoption of the internal point of view is a great virtue. His ... More


The Interpretation of Rules

FREDERICK SCHAUER

in Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258315
eISBN:
9780191681844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258315.003.0009
Subject:
Law, Philosophy of Law

This chapter examines the roles of purpose and intention in the interpretation of rules from a rule-oriented perspective. It suggests that questions about the interpretation of rules are questions ... More


The Application (and Mis-Application) of Wittgenstein'S Rule-Following Considerations to Legal Theory

Brian Bix

in Law, Language, and Legal Determinacy

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260509
eISBN:
9780191682100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260509.003.0003
Subject:
Law, Philosophy of Law

Wittgenstein proposed to scrutinize problems arising out of inquiries into the normative nature of language, logic, and reasoning, particularly on standard practices that are misleadingly easy to ... More


The “Hard” Cases: When the Institutional Solution Fails

Holly Fernandez Lynch

in Conflicts of Conscience in Health Care: An Institutional Compromise

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262123051
eISBN:
9780262278720
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262123051.003.0048
Subject:
Biology, Bioethics

This chapter describes the conflicts linked with hard cases, explaining that patients should look to licensing boards for compensation and continued efforts to avoid the hard cases. The problems ... More


Figures of Rule

Douglas Kerr

in Eastern Figures: Orient and Empire in British Writing

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622099340
eISBN:
9789882206892
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099340.003.0008
Subject:
Literature, 20th-century Literature and Modernism

This chapter discusses the figure of rule, which is different from the figures of the jungle and the crowd, and is both more abstract and more polymorphous. It looks at anarchy in the East, which is ... More


Vagueness in Law: Placing the Blame Where It’s Due

Diana Raffman

in Vagueness and Law: Philosophical and Legal Perspectives

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198782889
eISBN:
9780191826108
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782889.003.0003
Subject:
Law, Philosophy of Law

Vagueness of language is commonly supposed to pose problems for the law insofar as it is a source of indeterminacy, and indeterminacy results in borderline or ‘hard’ cases. This chapter argues that ... More


Strategic Indeterminacy in the Law

David Lanius

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190923693
eISBN:
9780190923723
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190923693.001.0001
Subject:
Linguistics, Applied Linguistics and Pedagogy

Indeterminacy in legal texts is pervasive.At the same time, there is a widespread misunderstanding about what indeterminacy is - especially in the law. Legal texts are particularly interesting ... More


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