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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


The Cosmopolitan Dimension

Erik O. Eriksen

in The Unfinished Democratization of Europe

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199572519
eISBN:
9780191722400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572519.003.0006
Subject:
Political Science, European Union, Democratization

The parameters of power politics have changed in Europe, and the EU exports the rule of law, democracy, and human rights worldwide. The threat of force is needed to ensure equal rights for all but ... More


In Defence of ‘Constitution’

Rainer Wahl

in The Twilight of Constitutionalism?

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585007
eISBN:
9780191723469
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585007.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter defends the conceptual use of ‘constitution’ as a state-centred concept. It presents the case that the extension of the usage of the concept, whether as a form of ‘higher law’ in the ... More


Shadows and Light

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0002
Subject:
Law, Philosophy of Law

The Allegory of the Cave is both more familiar and complex than it might first appear. The familiar part of this allegory is that a prisoner is unshackled and works his way into the warmth and light ... More


The Ancient Courts of Ancient Men

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0004
Subject:
Law, Philosophy of Law

This chapter focuses on Niccolò Machiavelli's The Prince. Machiavelli is a separatist and rejects any necessary connection between law and the virtue of Justice. Law for Machiavelli operates in the ... More


A Poet Dies

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0008
Subject:
Law, Philosophy of Law

This chapter, through a reading of Stuart Hampshire's Justice Is Conflict, offers a procedural solution to the problem of the conflict between man's law and higher law. Hampshire's theory does not ... More


A Higher Law for Treaties?

Enzo Cannizzaro

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0025
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter deals with the notion of conflict between treaties and jus cogens. It suggests that the classical notion of conflict — conceived of as the impossibility to apply two mutually exclusive ... More


Organizing into Blocs: The Fight for or against Personal Liberty (1866–1887)

Sabine N. Meyer

in We Are What We Drink: The Temperance Battle in Minnesota

Published in print:
2015
Published Online:
April 2017
ISBN:
9780252039355
eISBN:
9780252097409
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252039355.003.0003
Subject:
Sociology, Social Movements and Social Change

This chapter examines the politicization of Minnesota's temperance movement between the end of the Civil War and the passage of a High License Law in 1887. It shows how Minnesota's temperance ... More


Origins and development

Norman Geras

in Crimes Against Humanity: Birth of a Concept

Published in print:
2011
Published Online:
July 2012
ISBN:
9780719082412
eISBN:
9781781702086
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719082412.003.0001
Subject:
Political Science, Political Theory

This chapter sketches something of the prehistory of the idea of crimes against humanity up to the end of the Second World War, its official emergence in the Nuremberg Charter and Trial, and some ... More


What Is a Constitution?

Mark A. Graber

in A New Introduction to American Constitutionalism

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199943883
eISBN:
9780199369799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199943883.003.0002
Subject:
Law, Constitutional and Administrative Law

Constitutionalism has a long tradition in politics and political theory. Many commentators believe the constitutional tradition began in ancient Greece. They identify constitutionalism with the study ... More


“Talking against a Stonewall”: The High License Consensus (1888–1897)

Sabine N. Meyer

in We Are What We Drink: The Temperance Battle in Minnesota

Published in print:
2015
Published Online:
April 2017
ISBN:
9780252039355
eISBN:
9780252097409
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252039355.003.0004
Subject:
Sociology, Social Movements and Social Change

This chapter examines the emergence of a High License consensus in Minnesota during the period 1888–1897. In the decade after the passage of the High License Law, there was an almost complete ... More


A Model for Christian and Civil Government

Steven K. Green

in Inventing a Christian America: The Myth of the Religious Founding

Published in print:
2015
Published Online:
May 2015
ISBN:
9780190230975
eISBN:
9780190231002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190230975.003.0003
Subject:
Religion, Religion and Society

Chapter 2 considers the claim that various political principles underlying republican government are directly traceable to the Puritans. The chapter examines the role of the Puritans and Calvinist ... More


On Martin Luther King Jr.

Vincent W. Lloyd

in Black Natural Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199362189
eISBN:
9780190610593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199362189.003.0004
Subject:
Political Science, American Politics, Political Theory

The chapter examines how Martin Luther King Jr. appealed to the natural law (sometimes framed as higher law or God’s law). It explores King’s speeches and writings, placing a particular emphasis on ... More


On Frederick Douglass

Vincent W. Lloyd

in Black Natural Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199362189
eISBN:
9780190610593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199362189.003.0001
Subject:
Political Science, American Politics, Political Theory

The chapter examines how Frederick Douglass appealed to the natural law (sometimes framed as higher law or God’s law). It explores Douglass’s speeches and writings, placing a particular emphasis on ... More


On W. E. B. Du Bois

Vincent W. Lloyd

in Black Natural Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199362189
eISBN:
9780190610593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199362189.003.0003
Subject:
Political Science, American Politics, Political Theory

The chapter examines how W. E. B. Du Bois appealed to the natural law (sometimes framed as higher law or God’s law). It explores Du Bois’s sociological, literary, and polemical writings, placing a ... More


Reflections on Civil Disobedience

Edward H. Madden

in Pragmatism with Purpose: Selected Writings

Published in print:
2015
Published Online:
January 2016
ISBN:
9780823264322
eISBN:
9780823266777
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823264322.003.0017
Subject:
Philosophy, American Philosophy

This chapter reflects on the concept of civil disobedience. It comments on the tendency of some authors to generalize “civil disobedience” until it loses any special designation and becomes vacuously ... More


On Anna Julia Cooper

Vincent W. Lloyd

in Black Natural Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199362189
eISBN:
9780190610593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199362189.003.0002
Subject:
Political Science, American Politics, Political Theory

The chapter examines how Anna Julia Cooper appealed to the natural law (sometimes framed as higher law or God’s law). It explores Cooper’s life and writings, placing a particular emphasis on the way ... More


Ethics

Paul Rusnock and Jan Šebestík

in Bernard Bolzano: His Life and Work

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198823681
eISBN:
9780191862298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823681.003.0003
Subject:
Philosophy, History of Philosophy

Bolzano’s ethics is a variant of utilitarianism. As an early utilitarian theory, it lacks some of the refinements later developed with the help of concepts drawn from economic theory. It is ... More


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