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The Forms and Limits of Constitutional Interpretation

David M. Beatty

in The Ultimate Rule of Law

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199269808
eISBN:
9780191710063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269808.003.01
Subject:
Law, Philosophy of Law

The faith that so many people have placed in the judiciary is one of the defining characteristics of our age. The problem is that constitutional exhortations proclaiming the inviolability of life, ... More


Criticising and Constructing the Orthodoxy

William Lucy

in Understanding and Explaining Adjudication

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.003.0010
Subject:
Law, Philosophy of Law

Both proponents and critics of accounts of adjudication indiscriminately and simultaneously describe them as either ‘theories’ or ‘models’ or ‘descriptions’ of judicial practice with no attempt to ... More


Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937

Xiaoqun Xu

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804755863
eISBN:
9780804779500
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804755863.001.0001
Subject:
Law, Legal History

This book examines the Chinese judicial system and its operations in the Republican era, filling a gap in the scholarship on modern China, Chinese law, Chinese legal history, and comparative law. It ... More


Court Order

Brinkley Messick

in The Calligraphic State: Textual Domination and History in a Muslim Society

Published in print:
1992
Published Online:
May 2012
ISBN:
9780520076051
eISBN:
9780520917828
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520076051.003.0011
Subject:
Anthropology, Middle Eastern Cultural Anthropology

This chapter examines the history of court reform and concludes with another recent skit, this one critical of former judicial practices. The twentieth century opened in Yemen with a judgeship ... More


Provincial Institutions and Judicial Reform in Jiangsu

in Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804755863
eISBN:
9780804779500
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804755863.003.0005
Subject:
Law, Legal History

This chapter examines how the judiciary functioned at the provincial and county levels in Jiangsu and explains how judicial reform affected judicial practices and local society. It outlines the ... More


Reshaping Judicial Practice

Giovan Francesco Lanzara

in Shifting Practices: Reflections on Technology, Practice, and Innovation

Published in print:
2016
Published Online:
January 2017
ISBN:
9780262034456
eISBN:
9780262332309
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262034456.003.0011
Subject:
Business and Management, Organization Studies

The chapter analyses how magistrates reshape and reflect on their practice by engaging in hands-on experiments with the visual medium and by questioning the core assumptions of judicial practice. ... More


Experimenting with Video Technology in the Courtroom

Giovan Francesco Lanzara

in Shifting Practices: Reflections on Technology, Practice, and Innovation

Published in print:
2016
Published Online:
January 2017
ISBN:
9780262034456
eISBN:
9780262332309
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262034456.003.0009
Subject:
Business and Management, Organization Studies

The chapter illustrates and analyses the judges' early experiments with the VCR in the courtroom. Disruptions and contingencies in the courtroom are illustrated. The judges' responses and their ... More


The Justice of Venice: Authorities and Liberties in the Urban Economy, 1550-1700

James E Shaw

Published in print:
2006
Published Online:
January 2012
ISBN:
9780197263778
eISBN:
9780191734823
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263778.001.0001
Subject:
History, European Modern History

The rulers of Venice prided themselves on their unique brand of justice, which was a source of both ridicule and admiration for foreign commentators. This book uncovers what this special justice ... More


The Essence of the Threshold of Legal Regulation

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0004
Subject:
Law, Public International Law

This chapter examines the general aspects of the process of how international legal rules emerge. After examining relevant theories and judicial practice, it concludes that the most proper way of ... More


Hierarchy in International Law: The Place of Human Rights

Erika De Wet and Jure Vidmar (eds)

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199647071
eISBN:
9780191738999
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199647071.001.0001
Subject:
Law, Public International Law, Philosophy of Law

This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a ... More


The Mortal Sentence

Alison A. Chapman

in The Legal Epic: Paradise Lost and the Early Modern Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226435138
eISBN:
9780226435275
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226435275.003.0007
Subject:
Literature, 17th-century and Restoration Literature

This chapter examines the similarities between the judgment scene of Book 10 of Paradise Lost and early modern courtroom practices, and it reads the Son's mingling of mercy and justice in context of ... More


Equity Over Empathy

Bernadette Meyler

in Passions and Emotions: NOMOS LIII

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814760147
eISBN:
9780814763490
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814760147.003.0012
Subject:
Political Science, Political Theory

This chapter argues that the set of dichotomies that West proposes conflates empathy with moral judgment and proper judicial reasoning with an assessment of actual, rather than hypothetical, factual ... More


The Controversial Status of International and Comparative Law in the United States

Martha Minow

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0027
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter examines the debate over whether the US courts should consult international or comparative law and how it relates to judicial practice in the US. It suggests three conjectures to explain ... More


Public Participation in Indian Environmental Law

Lavanya Rajamani and Shibani Ghosh

in Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198767954
eISBN:
9780191821783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198767954.003.0022
Subject:
Law, Environmental and Energy Law

This chapter describes the context of public participation in environmental protection in India, which includes considerations of India’s unique rights jurisprudence, constitutional culture, and ... More


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