Jump to ContentJump to Main Navigation

You are looking at 1-20 of 29 items

  • Keywords: inquisitorial x
Clear All Modify Search

View:

Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Amalia D. Kessler

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.001.0001
Subject:
Law, Legal History

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have ... More


Contesting the Night

Phil Hadfield

in Bar Wars: Contesting the Night in Contemporary British Cities

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199297856
eISBN:
9780191700866
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297856.003.0009
Subject:
Law, Criminal Law and Criminology

This final chapter draws together and extends the book's main arguments concerning both the policing and control of urban spaces and the nature of the regulatory processes which govern the night-time ... More


The Rosa Luxemburg Trials of 1914 and the Emergence of the Ideal Type of the Weimar Party Lawyer

Grunwald Henning

in Courtroom to Revolutionary Stage: Performance and Ideology in Weimar Political Trials

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199609048
eISBN:
9780191744280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609048.003.0002
Subject:
History, European Modern History, Political History

This chapter introduces the reader to the German legal system through a short history of advocacy, focused on the transition of barristers from civil service to free profession. Under competitive ... More


A Model Distinction in a Model Setting

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0003
Subject:
Law, Comparative Law, Legal History

The model setting or context for a working distinction between public and private law is characterized by its theory of the state, its approach to law, and its judicial institutions and procedures. ... More


The Limits of Adversarial Adjudication

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0009
Subject:
Law, Comparative Law, Legal History

Inquisitorial or investigative judicial procedures are the procedural requirement in this book's model (or ideal type) of a working distinction between public and private law. This chapter elaborates ... More


The European Model

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0010
Subject:
Law, Competition Law

This chapter analyzes the “European Model” from the vantage point of the European Commission and European courts. It also looks at their relationship with Member State institutions. The chapter pays ... More


Ending Marriage by Judicial Divorce under the Matrimonial Causes Act 1857

Stephen Cretney

in Family Law in the Twentieth Century: A History

Published in print:
2005
Published Online:
February 2010
ISBN:
9780199280919
eISBN:
9780191713170
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280919.003.0005
Subject:
Law, Family Law, Legal History

Divorce first became available in the ordinary courts as a result of highly controversial legislation passed in mid-Victorian times. The 1837 Matrimonial Causes Act was intended to promote respect ... More


The Procedural Contrast

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0010
Subject:
Law, Comparative Law, Legal History

The French investigative procedural tradition developed around Roman–Canonical procedure. This chapter describes its development and that of the Conseil d'Etat's expressly inquisitorial judicial ... More


Methods of Contesting Authority

Janine Larmon Peterson

in Suspect Saints and Holy Heretics: Disputed Sanctity and Communal Identity in Late Medieval Italy

Published in print:
2019
Published Online:
May 2020
ISBN:
9781501742347
eISBN:
9781501742354
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501742347.003.0009
Subject:
History, World Medieval History

This chapter studies the methods that individuals and communities used to thwart popes and their agents. Bishops, civic officials, and devotees often fought hard to keep a saint's cult viable once a ... More


Introduction

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0001
Subject:
Law, Legal History

The Introduction outlines the book’s argument, structure, and source base. It provides an overview of the distinction between the adversarial and inquisitorial models of procedure. So too, it ... More


Procedural Structure and Features of International Criminal Justice: Lessons from the ICTY

Albin Eser

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

When people speculate over international criminal tribunals as a success or a failure, the answer very much depends on what one expected. Therefore, the first question to be clarified must be the ... More


Economics, Patronage, and Politics

Janine Larmon Peterson

in Suspect Saints and Holy Heretics: Disputed Sanctity and Communal Identity in Late Medieval Italy

Published in print:
2019
Published Online:
May 2020
ISBN:
9781501742347
eISBN:
9781501742354
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501742347.003.0006
Subject:
History, World Medieval History

This chapter assesses a number of motives beyond religious devotion that played a part in local veneration. There were economic, social, and political considerations that motivated segments of ... More


Interventions in Judicial Review Proceedings

Nathalie Lieven

in The Civil Procedure Rules at 20

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198863182
eISBN:
9780191895685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863182.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines the growth and value of interventions in judicial proceedings. It argues the exponential growth in interventions is largely attributable not to the CPR, but the introduction of ... More


Holy Heretics

Janine Larmon Peterson

in Suspect Saints and Holy Heretics: Disputed Sanctity and Communal Identity in Late Medieval Italy

Published in print:
2019
Published Online:
May 2020
ISBN:
9781501742347
eISBN:
9781501742354
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501742347.003.0005
Subject:
History, World Medieval History

This chapter looks at “holy heretics.” In these cases, inquisitors condemned a person as a heretic first and later communities decided the individual was holy. The expanding role of inquisitors and ... More


Anti-Inquisitorialism to Antimendicantism

Janine Larmon Peterson

in Suspect Saints and Holy Heretics: Disputed Sanctity and Communal Identity in Late Medieval Italy

Published in print:
2019
Published Online:
May 2020
ISBN:
9781501742347
eISBN:
9781501742354
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501742347.003.0007
Subject:
History, World Medieval History

This chapter addresses inquisitors and the rise of anti-inquisitorial and antimendicant sentiments. Inquisitors were the ones who had the power to destroy the cult of a regional holy man or woman ... More


The “Natural Elevation” of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0002
Subject:
Law, Legal History

Chapter 1 explores the reasons why equity took root in American soil despite the long-standing suspicion, dating primarily from the seventeenth-century English Revolution and exacerbated by the ... More


A Troubled Inheritance: The English Procedural Tradition and Its Lawyer-Driven Reconfiguration in Early Nineteenth-Century New York

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0003
Subject:
Law, Legal History

Chapter 2 examines New York Chancery, the leading court of equity in the early United States. It argues that as of about 1800, chancery largely followed English equity’s model of quasi-inquisitorial ... More


Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity’s Quasi-Inquisitorial Tradition

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0005
Subject:
Law, Legal History

Chapter 4 inquires into lawyers’ motivations for embracing oral, adversarial procedure. It notes that lawyers had strategic interests for preferring adversarialism, and most especially, ... More


The Makings of the Modern Self

John D. Caputo

in On Becoming God: Late Medieval Mysticism and the Modern Western Self

Published in print:
2012
Published Online:
May 2013
ISBN:
9780823239924
eISBN:
9780823239962
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823239924.003.0008
Subject:
Philosophy, Philosophy of Religion

The chapter traces the reaction of Heinrich Seuse to the condemnation of Meister Eckhart's teachings as heretical in 1329. Inquisitorial procedure as it developed after 1215 is presented, showing the ... More


View: